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Justinian I · The Digest of Justinian §19.1.37.pr

Equitable Principles on Fraud Affecting a Bona Fide Buyer

Passage 2803 of 9271 · Latin

Summary

It lays down that just as it is equitable for a bona fide buyer not to be harmed by the fraud of a third party, so it is inequitable for the fraud of the seller to benefit the seller against the same buyer.

[IDEM libro quarto decimo ad Plautium. ] §19.1.37.prSicut aequum est bonae fidei emptori alterius dolum non nocere, ita non est aequum eidem personae uenditoris sui dolum prodesse.
[The same, On Plautius, Book XIV.] Just as it is fair for a buyer in good faith that the fraud of another should not harm him, so it is not fair for the same person that the fraud of his own seller should benefit [the seller].

Notes

  1. §19.1.37.preidem personae — Dative referring to "the same person" (the bona fide buyer). Grammatically linked with the verb prodesse (which takes the dative), it stands in parallel to emptori in the first clause. It emphasizes that it is unfair "to the detriment of the same buyer" that the seller's fraud should benefit the seller.
  2. §19.1.37.pralterius — Genitive noun meaning "of another", referring to a "third party" other than the contracting parties (seller and buyer).

Cite this passage

Justinian I, The Digest of Justinian §19.1.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.1.37.pr

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