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Justinian I · The Digest of Justinian §18.6.9.pr

Trees Blown Down Before Sale and Seller Liability for Bad Faith

Passage 2742 of 9271 · Latin

Summary

This section discusses whether trees blown down after land inspection but before the contract of sale must be delivered, denying the obligation in principle while clarifying the seller's liability if they acted in bad faith.

[GAIUS libro decimo ad edictum prouinciale. ] §18.6.9.prSi post inspectum praedium, antequam emptio contraheretur, arbores uento deiectae sunt, an hae quoque emptori tradi debeant, quaeritur: et responsum est non deberi, quia eas non emerit, cum ante, quam fundum emerit, desierint fundi esse.
[GAIUS, in Book 10 on the Provincial Edict.] If, after a tract of land has been inspected but before the sale was contracted, trees are blown down by the wind, it is asked whether these also ought to be delivered to the buyer. And the answer was that they ought not to be, because he did not buy them, since they had ceased to belong to the land before he bought the land.
sed si ignorauit emptor deiectas esse arbores, uenditor autem scit nec admonuit, quanti emptoris interfuerit rem aestimandam esse, si modo uenit.
But if the buyer was ignorant that the trees had been blown down, whereas the seller knew and did not warn him, the property must be valued at the amount of the buyer's interest, provided only that the sale has been contracted.

Notes

  1. §18.6.9.prpost inspectum praedium — The preposition `post` is followed by the noun `praedium` and the perfect participle `inspectum`, expressing the action itself, meaning 'after the inspection of the land'.
  2. §18.6.9.prdesierint fundi esse — `desierint` is the perfect subjunctive of `desino` (to cease). `fundi` is a possessive or predicate genitive, meaning 'they ceased to be part of the land'.
  3. §18.6.9.prquanti emptoris interfuerit rem aestimandam esse — The impersonal verb `interest` is used in the perfect subjunctive `interfuerit`. The person concerned is expressed by the genitive `emptoris`, and the degree of interest by the genitive of value `quanti`, which is construed with the accusative-with-infinitive clause `rem aestimandam esse` (that the property must be valued).

Cite this passage

Justinian I, The Digest of Justinian §18.6.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.6.9.pr

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