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Justinian I · The Digest of Justinian §18.4.13.pr

Warranty of Heirship in Inheritance Sale and Exclusion Clause

Passage 2711 of 9271 · Latin

Summary

Discusses that in the sale of an inheritance, the seller must warrant that he is the heir unless there is an agreement that the buyer only receives whatever rights the seller had, and that the seller is released if such an agreement exists.

[PAULUS libro quarto decimo ad Plautium. ] §18.4.13.prQuod si sit hereditas et si non ita conuenit, ut quidquid iuris haberet uenditor emptor haberet, tunc heredem se esse praestare debet: illo uero adiecto liberatur uenditor, si ad eum hereditas non pertineat.
[PAULUS, On Plautius, book 14.] But if it is an inheritance, and if it was not agreed in such a way that the buyer should have whatever right the seller had, then he must warrant that he is the heir; but if that clause is added, the seller is released, even if the inheritance does not belong to him.

Notes

  1. §18.4.13.prheredem se esse praestare — The accusative with infinitive clause 'heredem se esse' functions as the object of the verb 'praestare' ('to warrant' or 'to guarantee'). The reflexive pronoun 'se' (accusative) serves as the subject of the infinitive 'esse' and refers back to the subject of the main clause (the seller).
  2. §18.4.13.prillo uero adiecto — An ablative absolute construction (demonstrative pronoun with perfect passive participle) expressing condition ('if that is added'). The pronoun 'illo' (neuter singular ablative) refers back to the content of the preceding 'ut' clause ('that the buyer should have whatever right the seller had').

Cite this passage

Justinian I, The Digest of Justinian §18.4.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.4.13.pr

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