Justinian I · The Digest of Justinian §18.4.16.pr

Seller Liability for Falsely Claiming Heirship in Inheritance Sale

Passage 2714 of 9271 · Latin

Summary

It rules on the liability of a person who, having received an inheritance under the Trebellian decree of the senate, sells it as if they were the heir, establishing that they are liable for the buyer's interest.

[PAULUS libro trigesimo tertio ad edictum. ] §18.4.16.prSi quasi heres uendideris hereditatem, cum tibi ex senatus consulto Trebelliano restituta esset hereditas, quanti emptoris intersit teneberis.

[PAULUS, On the Edict, book 33.] If you should sell an inheritance as if you were the heir, although the inheritance had been restored to you under the Trebellian senate decree, you will be liable for the amount of the buyer's interest.

Notes

§18.4.16.prquanti emptoris intersit — A construction combining the present subjunctive intersit of the impersonal verb interest with the genitive emptoris (denoting the person concerned) and the genitive of value quanti. It functions as an indirect question meaning 'how much it concerns the buyer' (i.e., the buyer's expectation interest), defining the measure of liability for the main verb teneberis.

Cite this passage

Justinian I, The Digest of Justinian §18.4.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.4.16.pr

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