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Justinian I · The Digest of Justinian §18.4.10.pr

Sale of Inheritance Without Guarantee and Buyer's Risk

Passage 2708 of 9271 · Latin

Summary

It explains that in the sale of an inheritance, if it was agreed that only the seller's actual rights were being sold without further guarantees, the buyer bears the risk even if the inheritance did not actually belong to the seller.

[IAUOLENUS libro secundo ex Plautio. ] §18.4.10.prQuod si in uenditione hereditatis id actum est, si quid iuris esset uenditoris, uenire nec postea quicquam praestitu iri: quamuis ad uenditorem hereditas non pertinuerit, nihil tamen eo praestabitur, quia id actum esse F[P(VU)] manifestum est, ut quemadmodum emolumentum negotiationis, ita periculum ad emptorem pertineret.
[IAVOLENUS, From Plautius, book 2.] But if, in the sale of an inheritance, it was agreed that, if there were any right of the seller, it was sold, and that nothing would be guaranteed thereafter: although the inheritance did not belong to the seller, nevertheless nothing will be guaranteed on that account, because it is clear that this was agreed, namely, that just as the profit of the transaction belonged to the buyer, so also should the risk.

Notes

  1. §18.4.10.pruenire — Present active infinitive of the verb ueneō ("to be sold", venire). Although homonymous with the infinitive of ueniō ("to come"), here it means "to be sold." It forms part of the accusative with infinitive (A.C.I.) construction depending on id actum est ("it was agreed").
  2. §18.4.10.prpraestitu iri — A variant or corrupted spelling for the future passive infinitive praestitum īrī. It serves as the second infinitive in the A.C.I. construction depending on uenditiōne hereditātis id actum est ("it was agreed in the sale of the inheritance..."), meaning that nothing would be guaranteed or made good (by the seller) thereafter.
  3. §18.4.10.preo — Ablative neuter singular of the demonstrative pronoun is, expressing cause or instrument ("thereby", "on that account"). It refers back to the preceding quamuis clause (the fact that the inheritance did not belong to the seller), meaning that the seller will not be liable for damages on account of that fact.

Cite this passage

Justinian I, The Digest of Justinian §18.4.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.4.10.pr

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