Humanitext Reader

Justinian I · The Digest of Justinian §18.6.15.pr-18.6.15.1

Passing of Risk for Stolen Timber and Constructive Delivery

Passage 2748 of 9271 · Latin

Summary

This section discusses the allocation of risk when there is no delivery or buyer's default, and clarifies the liability for purchased timber lost by theft and the constructive delivery of marked beams.

[PAULUS libro tertio epitomatorum Alfeni. ] §18.6.15.prQuod si neque traditi essent neque emptor in mora fuisset quo minus traderentur, uenditoris periculum erit.
[PAULUS in the third book of his epitomes of Alfenus.] But if they had neither been delivered, nor had the buyer been in default so as to prevent their being delivered, the risk will belong to the seller.
§18.6.15.1Materia empta si furto perisset, postquam tradita esset, emptoris esse periculo respondit, si minus, uenditoris: uideri autem trabes traditas, quas emptor signasset.
He answered that if purchased timber had perished by theft after it had been delivered, the risk is the buyer's; if not, the seller's; but that those beams which the buyer had marked are deemed to have been delivered.

Notes

  1. §18.6.15.prquo minus traderentur — The conjunction quo minus ('so as to prevent') takes the subjunctive traderentur, specifying the consequence of in mora fuisset (had been in default), indicating a delay that prevented the delivery of the goods.
  2. §18.6.15.1respondit — Third-person singular perfect. Since Paul is summarizing the work of Alfenus as indicated in the title of this fragment, the subject of 'respondit' (answered) is Alfenus.
  3. §18.6.15.1uideri autem trabes traditas — This continues the indirect discourse (accusative and infinitive construction) governed by respondit. uideri is used personally, with trabes serving as the subject accusative and traditas [esse] as the predicate: 'that the beams are deemed to have been delivered'.

Cite this passage

Justinian I, The Digest of Justinian §18.6.15.pr-18.6.15.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.6.15.pr-18.6.15.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.