Humanitext Reader

Justinian I · The Digest of Justinian §18.4.6.pr

Transfer of Seller's Subsequently Acquired Pledge to Buyer

Passage 2704 of 9271 · Latin

Summary

It is established that the buyer of a claim is entitled to the pursuit of any pledge, including those received by the seller after the sale, as the seller's benefit advantages the buyer.

[IDEM libro quinto quaestionum. ] §18.4.6.prEmptori nominis etiam pignoris persecutio praestari debet eius quoque, quod postea uenditor accepit: nam beneficium uenditoris prodest emptori.
[THE SAME, Questions, book 5.]\n\nTo the buyer of a claim, the pursuit of a pledge must also be guaranteed, even of that which the seller subsequently received; for the benefit of the seller advantages the buyer.

Notes

  1. §18.4.6.prEmptori nominis — emptori is a dative depending on the passive infinitive praestari, while nominis (genitive of nomen, "claim" or "debt") modifies emptori. Thus, "to the buyer of a claim".
  2. §18.4.6.preius quoque, quod postea uenditor accepit — eius is a demonstrative pronoun (neuter genitive, referring back to pignoris) serving as the antecedent of the relative pronoun quod. It indicates that any pledge acquired by the seller after the sale must also be transferred to the buyer.

Cite this passage

Justinian I, The Digest of Justinian §18.4.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.4.6.pr

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