Humanitext Reader

Justinian I · The Digest of Justinian §18.4.17.pr

Sale of Conditional and Time-Limited Debts

Passage 2715 of 9271 · Latin

Summary

Ulpian explains that claims against debtors under a condition or subject to a time limit can be both bought and sold, as they constitute things capable of being traded.

[ULPIANUS libro quadragesimo tertio ad edictum. ] §18.4.17.prNomina eorum, qui sub condicione uel in diem debent, et emere et uendere solemus: ea enim res est, quae emi et uenire potest.
[ULPIAN, On the Edict, book 43.] We are accustomed both to buy and to sell the claims of those who owe under a condition or subject to a time limit; for that is a thing which can be bought and sold.

Notes

  1. §18.4.17.prNomina — The term 'nomen' (plural nominative/accusative 'nomina') originally meaning 'name', in Roman legal contexts refers to an entry in an account book, and by extension, a 'claim' or 'debt' owed by a specific debtor.
  2. §18.4.17.pruenire — Not the verb 'uēnīre' (with a long 'e', meaning 'to come'), but the present infinitive 'uĕnīre' (with a short 'e') from 'uēneo' ('to be sold'), which serves as the passive voice equivalent of 'uēndo' ('to sell').

Cite this passage

Justinian I, The Digest of Justinian §18.4.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.4.17.pr

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