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Justinian I · The Digest of Justinian §19.1.25.pr

Sale of Hanging Vintage and Remedies for Interference

Passage 2791 of 9271 · Latin

Summary

This section discusses the legal remedies of a buyer of a hanging vintage: if prevented from harvesting before delivery, they can use an exception against a claim for the price; if prevented from processing or removing it after delivery, they can bring an action for production or for injury.

[IDEM libro quinquagesimo quarto digestorum. ] §19.1.25.prQui pendentem uindemiam emit si uuam legere prohibeatur a uenditore, aduersus eum petentem pretium exceptione uti poterit 'si ea pecunia, qua de agitur, non pro ea re petitur, quae uenit neque tradita est. ' ceterum post traditionem siue lectam uuam calcare siue mustum euehere prohibeatur, ad exhibendum uel iniuriarum agere poterit, quemadmodum si aliam quamlibet rem suam tollere prohibeatur.
[THE SAME, Digest, Book LIV.] If a person who buys a hanging vintage is prohibited by the seller from gathering the grapes, he will be able to use an exception against the seller claiming the price: "if the money which is in question is not being claimed for a thing which was sold and has not been delivered." But if, after delivery, he is prohibited either from treading the gathered grapes or from carrying away the must, he will be able to bring an action for production or for injury, just as if he were prohibited from removing any other thing of his own.

Notes

  1. §19.1.25.pruenit — This is the perfect tense form uēnit (with a long 'e') of the verb veneo (to be sold), not the verb venio (to come).
  2. §19.1.25.prexceptione uti poterit 'si ea pecunia... non...' — This shows the formulaic wording of an exception (exceptio) in the classical formulary system, structured as a negative condition: "unless [the money in question is being claimed for a sold but undelivered thing]..."
  3. §19.1.25.prad exhibendum uel iniuriarum — Both phrases modify 'agere' (to bring an action). The former refers to the action for production (actio ad exhibendum), and the latter to the action for injuries/outrage (actio iniuriarum, in the genitive). After delivery, since the buyer's rights are established, these non-contractual remedies are granted instead of the action on purchase.

Cite this passage

Justinian I, The Digest of Justinian §19.1.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.1.25.pr

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