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Justinian I · The Digest of Justinian §18.2.16.pr

Restoration of Fruits and Deduction of Necessary Expenses

Passage 2685 of 9271 · Latin

Summary

A rescript of the Emperor Severus regarding the restoration of fruits of an estate sold subject to a better offer, and the prior buyer's right to recover necessary expenses, which Ulpian interprets as being based on the action on purchase and sale.

[ULPIANUS libro trigensimo secundo ad edictum. ] §18.2.16.prImperator Seuerus rescripsit: 'Sicut fructus in diem addictae domus, cum melior condicio fuerit allata, uenditori restitui 'necesse est, ita rursus quae prior emptor medio tempore necessario probauerit erogata, 'de reditu retineri uel, si non sufficiat, solui aequum est'. et credo sensisse principem de empti uenditi actione.
[ULPIAN, On the Edict, book 32.] The Emperor Severus replied by rescript: 'Just as it is necessary that the fruits of a house adjudged subject to a better offer by a certain day be restored to the seller when a better condition has been brought, so on the other hand it is equitable that what the prior buyer proves to have been necessarily expended in the meantime be retained from the income or, if it is not sufficient, be paid.' And I believe that the emperor was thinking of the action on purchase and sale.

Notes

  1. §18.2.16.prquae prior emptor medio tempore necessario probauerit erogata — quae ... erogata is a relative clause meaning 'the expenses which have been paid,' where erogata (perfect passive participle neuter plural accusative) functions as the complement of probauerit ('to prove that...'). The entire clause acts as a noun clause (the subject of retineri and solui) containing its own antecedent.
  2. §18.2.16.prsensisse principem de empti uenditi actione — This is an accusative-with-infinitive (A.C.I.) construction governed by credo, where principem (Emperor Severus) is the subject accusative and sensisse is the infinitive. de empti uenditi actione (concerning the action on purchase and sale) indicates the object of sentire, showing Ulpian's view that the emperor intended the restoration of fruits and reimbursement of expenses to be enforced through the general actions arising from the contract of sale (actio empti and actio uenditi).

Cite this passage

Justinian I, The Digest of Justinian §18.2.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.2.16.pr

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