Humanitext Reader

Justinian I · The Digest of Justinian §18.2.18.pr

Better Offer by One Co-buyer and Rescission of Sale

Passage 2687 of 9271 · Latin

Summary

In the case of a tract of land conditionally sold to partners, if one partner makes a higher offer, it is held to be correct that the original sale is rescinded even in respect of that partner's own share.

[AFRICANUS libro tertio quaestionum. ] §18.2.18.prCum in diem duobus sociis fundus sit addictus, uno ex his pretium adiciente etiam pro ipsius parte a priore uenditione discedi rectius existimatur.
[AFRICANUS, Questions, book 3.] When a tract of land has been conditionally sold to two partners subject to a better offer by a certain day, if one of them makes a higher offer, it is held to be more correct that there is a departure from the prior sale even in respect of his own share.

Notes

  1. §18.2.18.prdiscedi — Passive infinitive of the verb discedo (to depart, to withdraw), used impersonally. It functions as the subject of the main verb existimatur (it is held), meaning 'that there is a departure/withdrawal' (from the prior sale).
  2. §18.2.18.pripsius — Genitive singular of the demonstrative pronoun ipse, modifying the ablative parte (share). It refers back to the one of the partners who made the higher offer (uno ex his).

Cite this passage

Justinian I, The Digest of Justinian §18.2.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.2.18.pr

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.