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Justinian I · The Digest of Justinian §18.6.19.pr-18.6.19.1

Extinction of Burdens and Price Withholding Pending Surety

Passage 2752 of 9271 · Latin

Summary

It states that the buyer of a house is not liable to the seller due to the termination of habitation burdens upon the freedmen's death, and that the buyer cannot be forced to pay the price if an ownership dispute arises before payment, unless the seller provides suitable sureties against eviction.

[PAPINIANUS libro tertio responsorum. ] §18.6.19.prHabitationum oneribus morte libertorum finitis emptor domus ob eam causam uenditori non tenebitur, si nihil aliud conuenit, quam ut habitationes secundum defuncti uoluntatem super pretium libertis praestarentur.
[PAPINIANUS in the third book of Opinions.] When the burdens of habitations have been terminated by the death of the freedmen, the buyer of the house will not be liable to the seller on that account, if nothing else was agreed upon than that the habitations should be provided to the freedmen, in accordance with the will of the deceased, over and above the price.
§18.6.19.1Ante pretium solutum dominii quaestione mota pretium emptor soluere non cogetur, nisi fideiussores idonei a uenditore eius euictionis offerantur.
If a dispute over ownership has been raised before the price is paid, the buyer will not be compelled to pay the price, unless suitable sureties for that eviction are offered by the seller.

Notes

  1. 18.6.19.prsuper pretium — The preposition super with the accusative here means "over and above" or "in addition to". It indicates that providing the habitations to the freedmen was agreed upon as an additional burden on the buyer, separate from the purchase price.
  2. 18.6.19.1eius euictionis — This is an objective genitive modifying the preceding noun fideiussores (sureties), referring to "sureties for [the risk of] that eviction (the loss of the property by the buyer due to a third party's superior claim)".

Cite this passage

Justinian I, The Digest of Justinian §18.6.19.pr-18.6.19.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.6.19.pr-18.6.19.1

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