Humanitext Reader

Justinian I · The Digest of Justinian §18.6.6.pr

Excluded Defective Wine and the Seller's Right of Resale

Passage 2739 of 9271 · Latin

Summary

Presents Proculus' opinion that excluded sour and musty wines are not part of the sale even if the buyer later wishes to accept them, as it would be unjust to prevent the seller from selling them to others when the buyer is not forced to take them.

[POMPONIUS libro nono ad Sabinum. ] §18.6.6.prSi uina emerim exceptis acidis et mucidis et mihi expediat acida quoque accipere, Proculus ait, quamuis id emptoris causa exceptum sit, tamen acida et mucida non uenisse: nam quae inuitus emptor accipere non cogeretur, iniquum esse non permitti uenditori uel alii ea uendere.
[POMPONIUS, in Book 9 on Sabinus.] If I buy wine with the exclusion of sour and musty ones, and it is advantageous for me to receive the sour ones as well, Proculus says that, although this exclusion was made for the sake of the buyer, nevertheless, the sour and musty ones were not sold; for it is unjust that the seller is not permitted to sell to another those things which an unwilling buyer would not be compelled to accept.

Notes

  1. §18.6.6.prexceptis acidis et mucidis — Ablative absolute construction. The neuter plurals of the adjectives `acidus` (sour) and `mucidus` (musty) are used substantively, agreeing with the perfect passive participle `exceptis`. This indicates an express exclusion clause in the contract of sale.
  2. §18.6.6.prnon uenisse — Perfect infinitive of `uenire` (to be sold), which functions as the passive of `uendere`. It is used in indirect speech (accusative with infinitive construction) depending on `Proculus ait`, with `acida et mucida` understood as its subject accusative.
  3. §18.6.6.pruel alii ea uendere — It is standard to interpret `alii` (to another) as the dative indirect object of `uendere` ('to sell them to another'). Alternatively, `uel alii` could be coordinated with `uenditori` as the dative subject of `permitti` ('to be permitted to the seller or to anyone else to sell them'), but the former is more natural in this context.

Cite this passage

Justinian I, The Digest of Justinian §18.6.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.6.6.pr

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.