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Justinian I · The Digest of Justinian §19.1.41.pr

Remedies for Concealed Aqueduct Dues on Sold Property

Passage 2807 of 9271 · Latin

Summary

If no mention was made during a sale of an annual charge for an aqueduct beneath a house in Rome, the deceived buyer has an action on purchase, and the unforeseen burden will be taken into account if the buyer is sued for the price.

[PAPINIANUS libro tertio responsorum. ] §19.1.41.prIn uenditione super annua pensitatione pro aquae ductu infra domum Romae constitutum nihil commemoratum est.
In a sale, nothing was mentioned regarding the annual payment for the aqueduct established beneath the house in Rome.
deceptus ob eam rem ex empto actionem habebit: itaque, si conueniatur ob pretium ex uendito, ratio inprouisi oneris habetur.
The person deceived because of this matter will have an action on purchase; therefore, if he is sued for the price on the sale, account is taken of the unforeseen burden.

Notes

  1. §19.1.41.prconstitutum — The word constitutum appears in the accusative (neuter or masculine), whereas it grammatically modifies aquae ductu (fourth declension, ablative singular) governed by the preposition pro. While some editions correct it to constituto, the manuscript reading constitutum reflects either a scribal error or case confusion, yet syntactically it is understood to qualify the aqueduct (aquae ductu) established beneath the house.
  2. §19.1.41.prdeceptus — The perfect passive participle of decipere (to deceive) in the masculine nominative singular, used substantively to refer to 'the person deceived' (i.e., the buyer, who was not informed about the annual burden).
  3. §19.1.41.prconueniatur — The third-person singular present subjunctive passive of conuenire (to sue, summon). The implied subject is deceptus (the buyer) from the previous sentence, expressing the hypothesis: 'if he (the buyer) is sued (by the seller) for the price'.

Cite this passage

Justinian I, The Digest of Justinian §19.1.41.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.1.41.pr

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