Humanitext Reader

Justinian I · The Digest of Justinian §18.3.3.pr

Seller's Discretion in Enforcing the Forfeiture Clause

Passage 2692 of 9271 · Latin

Summary

Ulpian explains that the enforcement of the forfeiture clause added to sales is at the seller's discretion and is not forced against their will.

[ULPIANUS libro trigensimo ad edictum. ] §18.3.3.prNam legem commissoriam, quae in uenditionibus adicitur, si uolet uenditor exercebit, non etiam inuitus.
[ULPIANUS, On the Edict, book 30.] the forfeiture clause, which is added in sales, the seller will enforce if he wishes, but not also against his will.

Notes

  1. §18.3.3.prlegem commissoriam — In terms of word order, legem commissoriam (the direct object of the transitive verb exercebit) is placed at the beginning of the sentence and is emphasized with the relative clause quae... adicitur.
  2. §18.3.3.prnon etiam inuitus — The adjective inuitus (nominative masculine singular) functions as a predicative apposition to the subject of the main clause (uenditor), meaning 'not also [enforcing it when he is] unwilling,' that is, 'not forced to enforce it against his will.'

Cite this passage

Justinian I, The Digest of Justinian §18.3.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.3.3.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.