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Justinian I · The Digest of Justinian §18.2.15.pr-18.2.15.1

Seller's Death before Deadline and Terms of Better Offers

Passage 2684 of 9271 · Latin

Summary

Clarifies the effect of the seller's death before the deadline in a sale subject to a better offer, and establishes criteria for evaluating whether terms such as supplementary items or extended payment periods constitute a genuinely "better offer."

[POMPONIUS libro nono ad Sabinum. ] §18.2.15.prSi praedio in diem addicto ante diem uenditor mortuus sit, siue post diem heres ei exsistat siue omnino non exsistat, priori praedium emptum est, quia melior condicio allata, quae domino placeat, intellegi non potest, cum is qui uendat non exsistat: quod si intra diem adiectionis heres existat, melior condicio ei adferri potest.
[POMPONIUS, On Sabinus, book 9.] If, when an estate has been adjudged subject to a better offer by a certain day, the seller dies before that day, whether an heir to him appears after that day or does not appear at all, the estate is purchased for the prior buyer, because a better condition offered, which would please the owner, cannot be understood to exist when he who should sell does not exist; but if an heir appears within the day for a further offer, a better condition can be brought to him.
§18.2.15.1Si fundus in diem addictus fuerit pluris, ut quaedam ei accedant, quae non accesserint priori emptori, si non minoris sint hae res, quam quo pluris postea fundus uenierit, prior uenditio ualet, quasi melior condicio allata non sit: si minoris sint.
If a plot of land was adjudged at a higher price subject to a better offer, on the terms that certain things are added to it which had not been added for the prior buyer, if these things are not of less value than the excess amount for which the land was afterwards sold, the prior sale remains valid, as if a better condition had not been brought; if they are of less value, [the prior sale is dissolved].
idemque aestimandum est, si dies longior pretii soluendi data fuerit, ut quaeratur, quantum ex usura eius temporis capi potuerit.
And the same estimation must be made if a longer period for paying the price has been given, so that it is investigated how much could have been gained from the interest during that time.

Notes

  1. §18.2.15.prpriori praedium emptum est — priori is a dative of agent or reference ("for the prior buyer" or "by the prior buyer"). emptum est is the perfect passive, meaning that the purchase has become definitive and is no longer subject to dissolution.
  2. §18.2.15.1si non minoris sint hae res, quam quo pluris postea fundus uenierit — A complex comparative structure. minoris is a genitive of value. quo is an ablative of degree of difference with the comparative pluris. Literally, "if these things are not of less value than the [excess] amount by which the land was afterwards sold." That is, if the value of the added items is equal to or greater than the increase in the sale price, the second offer is not considered a "better condition" because there is no real increase in the price of the land itself.
  3. §18.2.15.1si minoris sint — The main clause is omitted after si minoris sint ("if they are of less value"). In contrast to the preceding sentence prior uenditio ualet..., a conclusion to the effect of "the prior sale is dissolved [and the second sale becomes valid]" is understood.

Cite this passage

Justinian I, The Digest of Justinian §18.2.15.pr-18.2.15.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.2.15.pr-18.2.15.1

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