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Justinian I · The Digest of Justinian §18.5.9.pr

Rescission of Public Sale and Return of Confiscated Land

Passage 2732 of 9271 · Latin

Summary

A response concerning the timing of when a sold tract of land returns to the original owner's property after the provincial governor rescinded the public sale based on the debtor's readiness to pay, establishing that it occurs only after the purchase price is refunded or the tax is satisfied.

[IDEM libro quarto digestorum. ] §18.5.9.prFundus qui Lucii Titii erat ob uectigale rei publicae ueniit: sed cum Lucius Titius debitor professus esset paratum se esse uectigal exsoluere solidum, cum minore uenisset fundus, quam debita summa esset, praeses prouinciae rescindit uenditionem eumque restitui iussit Lucio Titio: quaesitum est, an post sententiam praesidis, antequam restitueretur, in bonis Lucii Titii fundus emptus esset.
[THE SAME, in Book 4 of the Digests.] A tract of land which belonged to Lucius Titius was sold on account of a public tax; but since Lucius Titius, the debtor, had declared that he was ready to pay the tax in full, when the land had been sold for less than the amount of the debt, the governor of the province rescinded the sale and ordered it to be restored to Lucius Titius. The question was raised whether, after the sentence of the governor and before it was restored, the purchased land was in the property of Lucius Titius.
respondit non prius, quam emptori pretium esset illatum uel, si pretium nondum esset ab emptore solutum, in uectigal satisfactum esset.
He answered: not before the price had been refunded to the purchaser, or, if the price had not yet been paid by the purchaser, satisfaction had been made for the tax.

Notes

  1. §18.5.9.prnon prius, quam — The predicate from the preceding question clause (in bonis Lucii Titii fundum esse) must be supplied: "not before... [does the land become part of the property of Lucius Titius]," meaning "only after... does it do so."
  2. §18.5.9.prin bonis — In Roman law, the phrase "in bonis aliquius esse" (to be among someone's goods) refers to bonitary ownership (equitable or beneficial ownership) as opposed to formal civil law ownership (dominium ex iure Quiritium).
  3. §18.5.9.prueniit — This is the perfect tense of the semi-deponent verb ueneo (to be sold), which carries a passive meaning.

Cite this passage

Justinian I, The Digest of Justinian §18.5.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.5.9.pr

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