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Justinian I · The Digest of Justinian §19.1.12.pr

Damages for Breach in the Sale of a Cast of a Net

Passage 2776 of 9271 · Latin

Summary

Celsus discusses the measure of damages in the sale of a cast of a net, distinguishing between the case where the fisherman refuses to cast the net and the case where he refuses to deliver the fish actually caught.

[CELSUS libro uicesimo septimo digestorum. ] §19.1.12.prSi iactum retis emero et iactare retem piscator noluit, incertum eius rei aestimandum est: si quod extraxit piscium reddere mihi noluit, id aestimari debet quod extraxit.
[CELSUS, Digest, Book 27] If I have bought a cast of a net and the fisherman refused to cast the net, the uncertain value of that matter must be assessed; if he refused to hand over to me the fish which he drew out, that which he drew out must be assessed.

Notes

  1. §19.1.12.princertum eius rei — The word *incertum* functions as a substantivized neuter adjective meaning "the uncertain thing (expected profit)." *eius rei* is a genitive modifying *incertum*, referring to the assessment of the indefinite profit lost because the net was not cast.
  2. §19.1.12.prquod extraxit piscium — *piscium* is a genitive plural functioning as a partitive genitive dependent on the relative pronoun *quod* ("that of the fish which he drew out"). After the net has actually been cast, the object of assessment is not the uncertain expectation, but the value of the fish actually caught.

Cite this passage

Justinian I, The Digest of Justinian §19.1.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.1.12.pr

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