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Justinian I · The Digest of Justinian §18.6.11.pr

Denial of Buyer's Action for Land Lost Before Measurement

Passage 2744 of 9271 · Latin

Summary

It states that the buyer cannot bring an action regarding the land if a part of it has perished due to a flood, chasm, or other accident before the measurement is carried out.

[SCAEUOLA libro septimo digestorum IULIANI notat. ] §18.6.11.prFundi nomine emptor agere non potest, cum, priusquam mensura fieret, inundatione aquarum aut chasmate alioue quo casu pars fundi interierit.
[SCAEVOLA notes in the seventh book of Julian's Digests.] The buyer cannot bring an action on account of the land, when, before the measurement was made, a part of the land has perished by a flood of waters, or by a chasm, or by any other accident.

Notes

  1. 18.6.11.prfundi nomine — "nomine" is an ablative meaning "in the name of" or "on the ground of". Here it means "with respect to the land" or "on account of the land" (referring to the lost portion).
  2. 18.6.11.prpriusquam mensura fieret — The imperfect subjunctive "fieret" in the clause introduced by "priusquam" describes an anticipated event that had not yet occurred (or was prevented from occurring) at the time of the perishing.
  3. 18.6.11.prcum ... interierit — The perfect subjunctive "interierit" in the "cum" clause expresses either the temporal circumstance ("when ... has perished") or the cause ("since ... has perished") of the inability to bring an action.

Cite this passage

Justinian I, The Digest of Justinian §18.6.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.6.11.pr

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