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Justinian I · The Digest of Justinian §18.1.62.pr-18.1.62.2

Restrictions on Officials and Sales of Sacred Land or Parcels

Passage 2650 of 9271 · Latin

Summary

This section addresses restrictions on purchasing land for officials and soldiers in their provinces, legal remedies for buyers who unknowingly purchase sacred or public land, and the rule of risk allocation in lump-sum sales.

[MODESTINUS libro quinto regularum. ] §18.1.62.prQui officii causa in prouincia agit uel militat, praedia comparare in eadem prouincia non potest, praeterquam si paterna eius a fisco distrahantur.
[MODESTINUS, Rules, Book V] He who acts in a province by reason of his office or serves there as a soldier cannot purchase estates in the same province, except if his paternal property is sold by the treasury.
§18.1.62.1Qui nesciens loca sacra uel religiosa uel publica pro priuatis comparauit, licet emptio non teneat, ex empto tamen aduersus uenditorem experietur, ut consequatur quod interfuit eius ne deciperetur.
He who, without knowing, has purchased sacred, religious, or public places as private ones, although the purchase is not valid, may nevertheless bring an action on purchase against the seller, so that he may recover his interest in not having been deceived.
§18.1.62.2Res in auersione empta, si non dolo uenditoris factum sit, ad periculum emptoris pertinebit, etiamsi res adsignata non sit.
A thing bought in bulk, if it has not been brought about by the fraud of the seller, will belong to the risk of the buyer, even if the thing has not been delivered.

Notes

  1. §18.1.62.prpaterna eius — paterna is a neuter plural adjective used substantively, with the preceding noun praedia (estates, lands) understood, meaning "his paternal estates."
  2. §18.1.62.1quod interfuit eius ne deciperetur — The impersonal verb interest (here in the perfect tense interfuit) takes a genitive (eius) to mean "it concerns someone" or "it is of interest to someone." The clause ne deciperetur (that he not be deceived) functions as the subject, so the phrase means "what interest he had in not being deceived" (i.e., his reliance interest).
  3. §18.1.62.2in auersione — A legal idiom meaning "in bulk" or "in the lump" (synonymous with *per aversionem*). It refers to a sale where goods are bought as a whole for a single price, without being measured, weighed, or counted individually.

Cite this passage

Justinian I, The Digest of Justinian §18.1.62.pr-18.1.62.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.62.pr-18.1.62.2

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