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Justinian I · The Digest of Justinian §18.2.20.pr

First Buyer's Action Against Second Buyer and Delegation

Passage 2689 of 9271 · Latin

Summary

It is established that the prior buyer cannot sue the second buyer for the return of the purchase money paid to the seller, unless a delegation has been formally interposited through a stipulation.

[PAPINIANUS libro tertio responsorum. ] §18.2.20.prPrior emptor post meliorem condicionem oblatam ob pecuniam in exordio uenditori de pretio solutam contra secundum emptorem citra delegationem iure stipulationis interpositam agere non potest.
[PAPINIANUS, Opinions, book 3.] The prior buyer, after a better offer has been made, cannot bring an action against the second buyer on account of the money paid to the seller at the beginning as part of the price, in the absence of a delegation interposed by the law of stipulation.

Notes

  1. §18.2.20.prcitra delegationem iure stipulationis interpositam — The preposition 'citra' is used here in the sense of 'without' (sine). A 'delegation' (delegatio) is a Roman law transaction for transferring liability or claims, replacing an old obligation with a new one. It was typically executed through a 'stipulation' (stipulatio). Without such a transaction, there is no privity of contract between the first and second buyers, and thus no action lies.
  2. §18.2.20.prob pecuniam ... solutam — The preposition 'ob' governs the accusative 'pecuniam', which is modified by the perfect passive participle 'solutam' in agreement. This is an ab urbe condita construction, meaning 'on account of the payment of the money'.

Cite this passage

Justinian I, The Digest of Justinian §18.2.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.2.20.pr

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