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Justinian I · The Digest of Justinian §19.1.26.pr

Obligation to Deliver Jars Stated to Exist on Sold Land

Passage 2792 of 9271 · Latin

Summary

It states that if a seller of land agrees that one hundred jars affirmed to be on the land will be included as accessories, the seller is still obligated to deliver them to the buyer even if no such jars actually existed there.

[ALFENUS VARUS libro secundo digestorum. ] §19.1.26.prSi quis, cum fundum uenderet, dolia centum, quae in fundo esse adfirmabat, accessura dixisset, quamuis ibi nullum dolium fuisset, tamen dolia emptori debebit.
[ALFENUS VARUS, Digest, Book II.] If anyone, when selling a tract of land, had said that a hundred jars, which he affirmed were on the land, would go with it, even though there had been no jar there, he will nevertheless owe the jars to the buyer.

Notes

  1. §19.1.26.praccessura — Future active participle neuter plural of accedere (to be added to, to go with as an accessory), agreeing with dolia centum. It forms an accusative with infinitive construction with esse omitted, indicating that the jars would be transferred along with the land.
  2. §19.1.26.prdebebit — Third-person singular future active indicative of debere (to owe, to be under obligation to deliver). While the conditional clauses use the subjunctive pluperfect (dixisset, fuisset) to describe a past occurrence, the main clause uses the future indicative to state the resulting legal obligation.

Cite this passage

Justinian I, The Digest of Justinian §19.1.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.1.26.pr

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