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Justinian I · The Digest of Justinian §19.1.7.pr

Liability for Misrepresenting the Usufructuary

Passage 2770 of 9271 · Latin

Summary

This section discusses the conditions and timing under which a buyer can bring an action against a seller who falsely claimed that a retained usufruct belonged to a third party, depending on that third party's survival or status.

[IDEM libro decimo ad Sabinum. ] §19.1.7.prFundum mihi cum uenderes deducto usu fructu, dixisti eum usum fructum Titii esse, cum is apud te remansurus esset.
[THE SAME, on Sabinus, Book 10] When you sold me a land with the usufruct deducted, you said that the usufruct belonged to Titius, although it was to remain with you.
si coeperis eum usum fructum uindicare, reuerti aduersus te non potero, donec Titius uiuat nec in ea causa esse coeperit, ut, etiamsi eius usus fructus esset, amissurus eum fuerit: nam tunc, id est si capite deminutus uel mortuus fuerit Titius, reuerti potero ad te uenditorem.
If you should begin to claim that usufruct, I shall not be able to turn back against you as long as Titius is alive and has not begun to be in such a position that, even if the usufruct had been his, he would have lost it; for then, that is, if Titius has suffered a change of status or died, I shall be able to turn back against you, the seller.
idemque iuris est, si dicas eum usum fructum Titii esse, cum sit Sei.
And the same rule of law applies if you should say that the usufruct belonged to Titius, although it belongs to Seius.

Notes

  1. §19.1.7.pramissurus eum fuerit — A subjunctive apodosis of a past contrary-to-fact condition embedded within a consecutive clause (ut...). The protasis is etiamsi eius usus fructus esset (imperfect subjunctive). The combination of the active future participle with fuerit (perfect subjunctive) is used to express the past contrary-to-fact result within the ut-clause.
  2. §19.1.7.prreuerti — A deponent infinitive. Here it is used in a legal sense, meaning "to turn back (against the seller to pursue contractual or warranty liability)" or "to have recourse."

Cite this passage

Justinian I, The Digest of Justinian §19.1.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.1.7.pr

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