Humanitext Reader

Justinian I · The Digest of Justinian §18.6.14.pr

Buyer Remedies for Goods Unlawfully Destroyed by Aedile

Passage 2747 of 9271 · Latin

Summary

Julian outlines the buyer's remedies if the aedile unlawfully destroyed the beds, which include bringing a direct action under the Aquilian law against the aedile, or bringing an action on purchase against the seller to demand the cession of his rights of action.

[IULIANUS libro tertio ad Urseium Ferocem. ] §18.6.14.preumque cum aedili, si id non iure fecisset, habiturum actionem legis Aquiliae: aut certe cum uenditore ex empto agendum esse, ut is actiones suas, quas cum aedile habuisset, ei praestaret.
[JULIAN in the third book of his commentary on Urseius Ferox.]\n\nand that he would have an action under the Aquilian law against the aedile, if the latter had not done this lawfully; or at least, that he must proceed against the seller by the action on purchase, so that the seller may make over to him his own actions which he would have had against the aedile.

Notes

  1. §18.6.14.preumque — The accusative pronoun `eum` refers to the buyer (`emptor`) mentioned in the preceding section (18.6.13.pr). Since this entire fragment is governed by the indirect speech continuing from the previous section, `eum` serves as the subject accusative of the future active infinitive `habiturum [esse]`.
  2. §18.6.14.pragendum esse — An impersonal passive periphrastic infinitive (`[sibi] agendum esse`) indicating obligation or possibility ("that must be proceeded"). The logical agent is the buyer (`eum`), meaning "the buyer must proceed (against the seller by the action on purchase)."
  3. §18.6.14.practiones suas ... praestaret — The verb `praestare` here refers to the legal duty of the seller to make over, cede, or make available to the buyer his own rights of action (`actiones suas`) acquired against the aedile.

Cite this passage

Justinian I, The Digest of Justinian §18.6.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.6.14.pr

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