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Justinian I · The Digest of Justinian §18.6.17.pr

Hiring of Slave Before Payment: Acquisition and Risk

Passage 2750 of 9271 · Latin

Summary

This section explains that if a buyer hires a purchased slave before paying the price, the buyer cannot acquire anything through the slave due to the lack of delivery, although the risk of loss remains with the buyer.

[IAUOLENUS libro septimo ex Cassio. ] §18.6.17.prSerui emptor si eum conductum rogauit, donec pretium solueret, nihil per eum seruum adquirere poterit, quoniam non uidetur traditus is, cuius possessio per locationem retinetur a uenditore.
[JAVOLENUS in the seventh book from Cassius.] If the buyer of a slave has asked to hire him until he should pay the price, he will not be able to acquire anything through that slave, since he is not deemed to have been delivered whose possession is retained by the seller through the leasing.
periculum eius serui ad emptorem pertinet, quod tamen sine dolo uenditoris interuenerit.
The risk of that slave belongs to the buyer, provided, however, that it has occurred without the fraud of the seller.

Notes

  1. §18.6.17.prconductum rogauit — conductum is the perfect passive participle of conduco (to hire), serving as an objective complement agreeing with the object eum (the slave). Combined with rogauit (asked), it expresses 'asked to have him on hire' or 'asked to hire him'.
  2. §18.6.17.prnon uidetur traditus is, cuius... — A personal construction of uidetur with the perfect passive infinitive (with esse omitted, leaving traditus [esse]) agreeing with the subject is. The pronoun is is the antecedent modified by the relative clause beginning with cuius.
  3. §18.6.17.prquod tamen sine dolo uenditoris interuenerit — The relative pronoun quod (referring to the risk or occurrence in the main clause) introduces a restrictive clause with the perfect subjunctive interuenerit, functioning as 'provided that' or 'so long as' it happens without the seller's fraud.

Cite this passage

Justinian I, The Digest of Justinian §18.6.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.6.17.pr

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