Humanitext Reader

Justinian I · The Digest of Justinian §19.1.9.pr

Action by the Seller to Compel Removal of Purchased Stones

Passage 2772 of 9271 · Latin

Summary

It rules that if a buyer of stones from an estate refuses to remove them, the seller can bring an action on sale to compel their removal.

[POMPONIUS libro uicesimo ad Sabinum. ] §19.1.9.prSi is, qui lapides ex fundo emerit, tollere eos nolit, ex uendito agi cum eo potest, ut eos tollat.
[POMPONIUS, on Sabinus, Book 20] If a person who has bought stones from an estate is unwilling to remove them, an action on sale can be brought against him to make him remove them.

Notes

  1. §19.1.9.pragi cum eo potest — An impersonal passive construction. The passive infinitive 'agi' of the verb 'agere' (to bring a legal action) is used with the auxiliary 'potest' (it is possible) to mean 'an action can be brought'. 'cum eo' (with/against him) indicates the defendant.
  2. §19.1.9.prut eos tollat — A clause with 'ut' and the subjunctive 'tollat'. It functions as a noun clause (or adverbial clause of purpose) expressing the object of the lawsuit (agi...potest), which is to compel him (the buyer) to remove them (the stones).

Cite this passage

Justinian I, The Digest of Justinian §19.1.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.1.9.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.