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Justinian I · The Digest of Justinian §19.1.44.pr

Limits of Seller Liability and Double Damages for Eviction

Passage 2810 of 9271 · Latin

Summary

It discusses why the seller should not be bound for too large an amount, referring to the seller's financial capacity and the limit of liability for eviction (double the price).

[AFRICANUS libro octauo quaestionum. ] §19.1.44.pr(cum et forte idem mediocrium facultatium sit: et non ultra duplum periculum subire eum oportet)
[AFRICANUS in the eighth book of Questions] (since perhaps that same person is of moderate means, and he ought not to undergo a risk of more than double)

Notes

  1. §19.1.44.prmediocrium facultatium — Genitive of quality (description) expressing the attribute of the subject 'idem' (the seller), meaning 'of moderate means'.
  2. §19.1.44.prduplum — Meaning 'double' (the price), referring to the limit of liability for eviction (evictio) in Roman law, which was twice the purchase price.
  3. §19.1.44.prcum ... sit ... oportet — A clause introduced by the conjunction 'cum' expressing reason. The first verb 'sit' is in the subjunctive, while the subsequent 'oportet' is in the indicative. This structure indicates that either the 'cum' clause ends midway and the second part containing 'oportet' is stated as an independent main clause, or it is expressed in the indicative as a general legal rule.

Cite this passage

Justinian I, The Digest of Justinian §19.1.44.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.1.44.pr

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