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Justinian I · The Digest of Justinian §18.1.76.pr-18.1.76.1

Inclusion of Fixtures and the Buyer's Successor's Defences

Passage 2664 of 9271 · Latin

Summary

Discusses whether buried jars are included in the sale of a granary, and the defences, including the prescription of long possession, available to the buyer's successor.

[PAULUS libro sexto responsorum. ] §18.1.76.prDolia in horreis defossa si non sint nominatim in uenditione excepta, horreorum uenditioni cessisse uideri.
[PAULUS, in the sixth book of Opinions.] Large jars buried in granaries, if they have not been specifically excepted in the sale, are considered to have passed with the sale of the granaries.
§18.1.76.1Eum, qui in locum emptoris successit, isdem defensionibus uti posse, quibus uenditor eius uti potuisset, sed et longae possessionis praescriptione, si utriusque possessio impleat tempora constitutionibus statuta.
A person who has succeeded to the position of the buyer can use the same defences which his seller would have been able to use, and also the prescription of long possession, if the possession of both fills the times established by the imperial constitutions.

Notes

  1. §18.1.76.prcessisse — The verb cedere with the dative (here horreorum uenditioni) has the legal meaning of 'to pass with' or 'to accrue to' as an accessory. The clause is in the accusative and infinitive (AcI) construction, with dolia as the subject accusative.
  2. §18.1.76.1isdem defensionibus — Ablative complement of the verb uti (in the infinitive uti posse). The subsequent relative pronoun quibus also takes the ablative because of its dependency on uti in the relative clause, agreeing with its antecedent defensionibus in gender and number.
  3. §18.1.76.1potuisset — Subjunctive pluperfect, expressing a past contrary-to-fact condition or hypothetical potentiality (what the seller would have been able to use, had he been sued).

Cite this passage

Justinian I, The Digest of Justinian §18.1.76.pr-18.1.76.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.76.pr-18.1.76.1

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