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Justinian I · The Digest of Justinian §18.6.7.pr-18.6.7.1

Gains and Losses on Land and Measurement Rules

Passage 2740 of 9271 · Latin

Summary

The passage outlines the principle that post-purchase gains and losses of land accrue to the buyer, and defines the rules for including or excluding public roads, boundaries, and groves in the land measurement.

[PAULUS libro quinto ad Sabinum. ] §18.6.7.prId, quod post emptionem fundo accessit per alluuionem uel perit, ad emptoris commodum incommodumque pertinet: nam et si totus ager post emptionem flumine occupatus esset, periculum esset emptoris: sic igitur et commodum eius esse debet.
[PAULUS, in Book 5 on Sabinus.] That which, after the purchase, has accrued to the land by alluvion or has perished, belongs to the benefit and disadvantage of the buyer; for even if the entire land, after the purchase, were occupied by a river, the risk would belong to the buyer; thus, therefore, the benefit also ought to be his.
§18.6.7.1Quod uenditur, in modum agri cedere debet, nisi si id actum est, ne cederet.
What is sold ought to be included in the measurement of the land, unless it was agreed that it should not be included.
at quod non uenit, in modum cedendum, si id ipsum actum est, ut cederet, ueluti uiae publicae, limites, luci qui fundum tangunt: cum uero neutrum dictum est, cedere non debet, et ideo nominatim caueri solet, ut luci, uiae publicae, quae in fundo sint, totae in modum cedant.
But what is not sold must be included in the measurement, if it was agreed precisely that it should be included, such as public roads, boundary lines, or groves that touch the land; but when neither has been stated, it ought not to be included, and therefore it is customary to provide specifically that groves and public roads which are on the land should be included entirely in the measurement.

Notes

  1. 18.6.7.prperit — The verb perit can be interpreted either as a present tense or as a contracted perfect tense of periit. Given the symmetry with the preceding perfect accessit and the context of events occurring post emptionem (after the purchase), it is most naturally understood in the perfect sense ('has perished').
  2. 18.6.7.1in modum agri cedere — A legal idiom meaning 'to be reckoned in' or 'to be included in the measurement (or acreage) of the land.' Here, cedere is used in the sense of 'to go into' or 'to fall under' a certain category.
  3. 18.6.7.1in modum cedendum — A construction in which esse is omitted after the gerundive cedendum. The subject is the preceding quod non uenit (neuter singular), meaning 'it must be included in the measurement.'

Cite this passage

Justinian I, The Digest of Justinian §18.6.7.pr-18.6.7.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.6.7.pr-18.6.7.1

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