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Justinian I · The Digest of Justinian §18.1.64.pr

Ownership of Purchased Land Mentioning a Third Party

Passage 2652 of 9271 · Latin

Summary

Javolenus answers that in a purchase of land made for himself and Titius, the mention of Titius's person is to be treated as superfluous, and thus the purchase of the entire estate belongs to him.

[IDEM libro secundo epistularum. ] §18.1.64.prFundus ille est mihi et Titio emptus: quaero, utrum in partem an in totum uenditio consistat an nihil actum sit.
[THE SAME, Letters, Book II] That land was bought for me and Titius: I ask whether the sale is valid in part, or in whole, or whether nothing has been done.
respondi personam Titii superuacuo accipiendam puto ideoque totius fundi emptionem ad me pertinere.
I replied: I think that the person of Titius should be regarded as superfluous, and therefore the purchase of the entire land belongs to me.

Notes

  1. §18.1.64.prmihi et Titio — Dative of "for me and Titius". It can be interpreted either as a dative of agent with the passive participle `emptus` (bought by me and Titius) or as a dative of advantage (bought for me and Titius). Considering the Roman law principle that "no one can stipulate for another" (alteri stipulari nemo potest), the part concerning Titius would be invalid, and thus it is best interpreted as a dative of advantage/interest, where the purchase was made with both specified as beneficiaries/contracting parties.
  2. §18.1.64.prrespondi — The verb `respondi` (I replied) is followed by `puto` (I think) in the indicative first person singular, as a direct quotation of the response, rather than a standard accusative with infinitive clause (`me putare`). In turn, `puto` governs the accusative with infinitive clause `emptionem... pertinere` as its object.

Cite this passage

Justinian I, The Digest of Justinian §18.1.64.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.64.pr

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