Humanitext Reader

Justinian I · The Digest of Justinian §18.1.63.pr-18.1.63.1

Sale to an Unspecified Buyer and Land Boundaries

Passage 2651 of 9271 · Latin

Summary

The invalidity of a sale when a slave or a free agent sells to a person other than the one specified by the master, and the requirements regarding the naming of boundaries and the seller when the land has been specified.

[IAUOLENUS libro septimo ex Cassio. ] §18.1.63.prCum seruo dominus rem uendere certae personae iusserit, si alii uendidisset, quam cui iussus erat, uenditio non ualet: idem iuris in libera persona est: cum perfici uenditio non potuit in eius persona, cui dominus uenire eam noluit.
[JAVOLENUS, From Cassius, Book VII] When a master has ordered his slave to sell a thing to a certain person, if he has sold it to someone other than the one he was ordered to, the sale is not valid; the same rule of law applies in the case of a free person, since the sale could not be completed in the person of one to whom the master did not wish it to be sold.
§18.1.63.1Demonstratione fundi facta fines nominari superuacuum est: si nominentur, etiam ipsum uenditorem nominare oportet, si forte alium agrum confinem possidet.
Once the identification of the land has been made, it is superfluous to name the boundaries; if they are named, it is necessary to name even the seller himself, if by chance he possesses another neighboring field.

Notes

  1. §18.1.63.pruenire — Spelling of uēniere, the present infinitive of uēneo (to be sold, used as the passive of uendere). It forms an accusative-with-infinitive construction with eam as its subject, depending on noluit, meaning 'to whom the master did not wish it to be sold.'
  2. §18.1.63.pridem iuris — idem is the neuter singular nominative, and iuris is a partitive genitive. Literally 'the same of law,' meaning 'the same rule of law.'
  3. §18.1.63.1Demonstratione fundi facta — Ablative absolute consisting of the noun demonstratio (pointing out, specification) and facta, the perfect passive participle of facio (with fundi as a genitive dependent on demonstratio). It expresses a condition: 'once the identification of the land has been made.'

Cite this passage

Justinian I, The Digest of Justinian §18.1.63.pr-18.1.63.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.63.pr-18.1.63.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.