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Justinian I · The Digest of Justinian §19.5.6.pr

Transfer for Building Repair and the Action for Uncertain Amount

Passage 2893 of 9271 · Latin

Summary

In response to a transaction where an apartment building was sold on the condition of repairing another building, Neratius states that it is not a sale but requires a civil action for an uncertain amount.

[NERATIUS libro primo responsorum. ] §19.5.6.prInsulam hoc modo, ut aliam insulam reficeres, uendidi.
[NERATIUS in the first book of Responses.] I sold an apartment building on this condition, that you should repair another apartment building.
respondit nullam esse uenditionem, sed ciuili intentione incerti agendum est.
He responded that there is no sale, but one must bring an action with a civil intentio for an uncertain amount.

Notes

  1. 19.5.6.prreficeres — Subjunctive imperfect. It is used in the `ut` clause due to the sequence of tenses (consecutio temporum) dependent on the past-tense main verb `uendidi`.
  2. 19.5.6.prciuili intentione incerti — Ablative of manner. Here `intentio` refers to the part of the formula containing the plaintiff's claim, and `incerti` (of an uncertain thing) is a genitive modifying it. It indicates that one must sue by a civil action for an uncertain amount (such as the actio praescriptis uerbis) to enforce the unclassified reciprocal performance.

Cite this passage

Justinian I, The Digest of Justinian §19.5.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.5.6.pr

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