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Justinian I · The Digest of Justinian §18.6.13.pr

Goods Destroyed by Magistrate and Passing of Risk

Passage 2746 of 9271 · Latin

Summary

Discusses the conditions under which the risk passes to the buyer (either if delivery was completed or if the failure of delivery was due to the buyer's fault) in a case where purchased beds left on a public street were destroyed by an aedile.

[PAULUS libro tertio Alfeni epitomarum. ] §18.6.13.prLectos emptos aedilis, cum in uia publica positi essent, concidit: si traditi essent emptori aut per eum stetisset quo minus traderentur, emptoris periculum esse placet
[PAULUS in the third book of the Epitomes of Alfenus.] An aedile chopped up purchased beds when they had been placed on a public street: if they had been delivered to the buyer, or if it had been due to him that they were not delivered, it is held that the risk is the buyer's.

Notes

  1. §18.6.13.prper eum stetisset quo minus traderentur — The idiom 'per aliquem stat quo minus + subjunctive' means 'it is due to someone that something is not done'. Here, 'eum' refers to the buyer (emptor), indicating a case where the failure or delay of delivery (traditio) is attributable to the buyer.
  2. §18.6.13.premptoris periculum esse placet — The verb 'placet' is used impersonally to mean 'it is held / approved'. It takes the accusative and infinitive construction 'emptoris periculum esse' (that the risk belongs to the buyer) as its subject. 'emptoris' is a possessive genitive.

Cite this passage

Justinian I, The Digest of Justinian §18.6.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.6.13.pr

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