Justinian I · The Digest of Justinian §18.6.3.pr

Degree of Seller's Diligence in Custody of Property

Passage 2736 of 9271 · Latin

Summary

Paulus defines the degree of the seller's liability for custody of the sold property, stating that the seller must exercise a level of diligence higher than that which they would apply to their own affairs, equivalent to that of a borrower in a commodatum.

[PAULUS libro quinto ad Sabinum. ] §18.6.3.prCustodiam autem uenditor talem praestare debet, quam praestant hi quibus res commodata est, ut diligentiam praestet exactiorem, quam in suis rebus adhiberet.

[PAULUS, in Book 5 on Sabinus.] Now, the seller ought to provide such custody as is provided by those to whom a thing has been commodated, so that he provides a more exact diligence than he would exhibit in his own affairs.

Notes

18.6.3.prtalem — The demonstrative adjective talem (modifying custodiam) is correlated with the relative clause introduced by quam (describing the borrower's custody) and is further extended by the ut clause, which defines the precise level of diligence required.
18.6.3.pradhiberet — The subjunctive imperfect third-person singular of adhibeo. In the clause dependent on the comparative exactiorem ... quam, it expresses a hypothetical or potential nuance ('which he would exhibit if it were his own affair').

Cite this passage

Justinian I, The Digest of Justinian §18.6.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.6.3.pr

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