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Justinian I · The Digest of Justinian §19.5.12.pr

Action on the Case for Land Retransfer upon Divorce

Passage 2899 of 9271 · Latin

Summary

Proculus states that if a husband sells land to his wife with an agreement to retransfer it at the same price upon the dissolution of marriage if he wishes, an action on the case (actio in factum) should be granted, and this rule should apply to other relationships as well.

[PROCULUS libro undecimo epistularum. ] §19.5.12.prSi uir uxori suae fundos uendidit et in uenditione comprehensum est conuenisse inter eos, si ea nupta ei esse desisset, ut eos fundos, si ipse uellet, eodem pretio transcriberet uiro: in factum existimo iudicium esse reddendum idque et in aliis personis obseruandum.
[PROCULUS in the eleventh book of Letters.] If a husband sold estates to his wife, and it was included in the sale that it had been agreed between them that, if she should cease to be married to him, she should retransfer those estates to the husband at the same price, if he himself wished it: I think that an action on the case should be granted, and that this should also be observed in the case of other persons.

Notes

  1. §19.5.12.prcomprehensum est conuenisse — The accusative with infinitive clause conuenisse... (that it had been agreed) functions as the subject of the impersonal passive comprehensum est (it was included). The substance of this agreement (conuenisse) is further elaborated by the subsequent ut-clause (ut... transcriberet).
  2. §19.5.12.prtranscriberet — The imperfect subjunctive is used in the ut-clause, following the sequence of tenses determined by the historical main verb implied in the contract context (comprehensum est). Although the subject of transcriberet is not explicitly stated, it is understood to be the wife (ea) from the preceding context.

Cite this passage

Justinian I, The Digest of Justinian §19.5.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.5.12.pr

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