[ULPIANUS libro trigesimo secundo ad edictum. ] §19.1.13.8Offerri pretium ab emptore debet, cum ex empto agitur, et ideo etsi pretii partem offerat, nondum est ex empto actio: uenditor enim quasi pignus retinere potest eam rem quam uendidit.
The price must be offered by the purchaser when the action on purchase is brought, and therefore even if he offers a part of the price, the action on purchase does not yet lie; for the seller can retain the thing he sold as if it were a pledge.
§19.1.13.9Unde quaeritur, si pars sit pretii soluta et res tradita postea euicta sit, utrum eius rei consequetur pretium integrum ex empto agens an uero quod numerauit? et puto magis id quod numerauit propter doli exceptionem.
Hence the question is asked: if a part of the price has been paid and the delivered thing is afterwards evicted, does the person bringing the action on purchase obtain the entire price of that thing, or indeed only what he paid? And I think rather that he obtains what he paid, on account of the objection of deceit.
§19.1.13.10Si fructibus iam maturis ager distractus sit, etiam fructus emptori cedere, nisi aliud conuenit, exploratum est.
It is well established that if land is sold with the fruits already ripe, the fruits also go to the purchaser, unless otherwise agreed.
§19.1.13.11Si in locatis ager fuit, pensiones utique ei cedent qui locauerat: idem et in praediis urbanis, nisi si quid nominatim conuenisse proponatur.
If the land was let, the rents will certainly go to the lessor; the same also holds for urban estates, unless it is proposed that something was expressly agreed upon.
§19.1.13.12Sed et si quid praeterea rei uenditae nocitum est, actio emptori praestanda est, damni forte infecti uel aquae pluuiae arcendae uel Aquiliae uel interdicti quod ui aut clam.
But furthermore, if any other damage has been done to the thing sold, the action must be made available to the purchaser, such as for threatened damage, or for warding off rainwater, or under the Aquilian law, or the interdict concerning what is done by force or stealth.
§19.1.13.13Item si quid ex operis seruorum uel uecturis iumentorum uel nauium quaesitum est, emptori praestabitur, et si quid peculio eorum accessit, non tamen si quid ex re uenditoris.
Likewise, if anything has been acquired from the labor of slaves or from the carriage of beasts of burden or of ships, it shall be made good to the purchaser, as also whatever has accrued to their peculium, but not, however, if it was derived from the property of the seller.
§19.1.13.14Si Titius fundum, in quo nonaginta iugera erant, uendiderit et in lege emptionis dictum est in fundo centum esse iugera et antequam modus manifestetur, decem iugera alluuione adcreuerint, placet mihi Neratii sententia existimantis, ut, si quidem sciens uendidit, ex empto actio competat aduersus eum, quamuis decem iugera adcreuerint, quia dolo fecit nec dolus purgatur: si uero ignorans uendidit, ex empto actionem non competere.
If Titius has sold a tract of land in which there were ninety iugera, and it was stated in the terms of the purchase that there were one hundred iugera in the land, and before the measurement is disclosed, ten iugera have accrued by alluvion, I agree with the opinion of Neratius, who thinks that, if indeed he sold knowingly, the action on purchase lies against him, although ten iugera have accrued, because he acted with deceit and deceit is not purged; but if he sold in ignorance, the action on purchase does not lie.
§19.1.13.15Si fundum mihi alienum uendideris et hic ex causa lucratiua meus factus sit, nihilo minus ex empto mihi aduersus te actio competit.
If you have sold me a tract of land belonging to another, and this has become mine by a lucrative title, nonetheless the action on purchase lies for me against you.
§19.1.13.16In his autem, quae cum re empta praestari solent, non solum dolum, sed et culpam praestandam arbitror: nam et Celsus libro octauo digestorum scripsit, cum conuenit, ut uenditor praeteritam mercedem exigat et emptori praestet, non solum dolum, sed et culpam eum praestare debere.
Moreover, in those things which are usually made good along with the thing purchased, I think that not only deceit but also negligence must be made good; for Celsus also wrote in the eighth book of his Digests that, when it is agreed that the seller should exact past rent and make it good to the purchaser, he ought to be liable not only for deceit but also for negligence.
§19.1.13.17Idem Celsus libro eodem scribit: fundi, quem cum Titio communem habebas, partem tuam uendidisti et antequam traderes, coactus es communi diuidundo iudicium accipere.
The same Celsus writes in the same book: You sold your share of a tract of land which you held in common with Titius, and before you delivered it, you were compelled to accept a trial for the division of common property.
si socio fundus sit adiudicatus, quantum ob eam rem a Titio consecutus es, id tantum emptori praestabis.
If the land has been adjudged to your partner, you shall make good to the purchaser only so much as you obtained from Titius on that account.
quod si tibi fundus totus adiudicatus est, totum, inquit, eum emptori trades, sed ita, ut ille soluat, quod ob eam rem Titio condemnatus es.
But if the whole land has been adjudged to you, you shall, he says, deliver the whole of it to the purchaser, but on the condition that he pays what you were condemned to pay to Titius on that account.
sed ob eam quidem partem, quam uendidisti, pro euictione cauere debes, ob alteram autem tantum de dolo malo repromittere: aequum est enim eandem esse condicionem emptoris, quae futura esset, si cum ipso actum esset communi diuidundo.
However, indeed for that part which you sold, you must give security against eviction, but for the other part you need only make a promise regarding malicious deceit; for it is equitable that the position of the purchaser should be the same as it would have been if the action for division of common property had been brought against him himself.
sed si certis regionibus fundum inter te et Titium iudex diuisit, sine dubio partem, quae adiudicata est, emptori tradere debes.
But if the judge has divided the land between you and Titius by certain boundaries, without doubt you must deliver to the purchaser the part which was adjudged to you.
§19.1.13.18Si quid seruo distracto uenditor donauit ante traditionem, hoc quoque restitui debet: hereditates quoque per seruum adquisitae et legata omnia, nec distinguendum, cuius respectu ista sint relicta.
If the seller has made a gift of anything to the slave sold before delivery, this also must be restored; as also inheritances acquired through the slave and all legacies, nor must any distinction be made as to in respect of whom these were left.
item quod ex operis seruus praestitit uenditori, emptori restituendum est, nisi ideo dies traditionis ex pacto prorogatus est, ut ad uenditorem operae pertinerent.
Likewise, what the slave has performed for the seller by way of labor must be restored to the purchaser, unless indeed the date of delivery was extended by agreement for the very purpose that the labor should belong to the seller.