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Justinian I · The Digest of Justinian §18.1.61.pr

Validity of Conditionally Purchasing One's Own Property

Passage 2649 of 9271 · Latin

Summary

Marcellus opines that it is possible to purchase under a condition something that currently belongs to oneself, if there is an expectation that it might cease to be one's own.

[IDEM libro uicensimo digestorum. ] §18.1.61.prExistimo posse me id quod meum est sub condicione emere, quia forte speratur meum esse desinere.
[THE SAME, Digest, Book XX] I think that I can buy under a condition that which is mine, because by chance it is expected to cease to be mine.

Notes

  1. §18.1.61.prsperatur meum esse desinere — The verb `speratur` (is expected/anticipated) governs the infinitive `desinere` (to cease). This can be understood either as a personal construction with the preceding `id` as the subject, or as an impersonal construction. `meum esse` (to be mine) serves as the complementary infinitive phrase dependent on `desinere`, meaning as a whole 'it is expected to cease to be mine.'

Cite this passage

Justinian I, The Digest of Justinian §18.1.61.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.61.pr

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