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Justinian I · The Digest of Justinian §2.14.31.pr

Validity of Agreements Contrary to the Aediles' Edict

Passage 397 of 9271 · Latin

Summary

Ulpian explains that it is fully permitted to make an agreement contrary to the edict of the aediles, whether during the transaction of the sale itself or afterwards.

[ULPIANUS libro primo ad edictum aedilium curulium. ] §2.14.31.prPacisci contra edictum aedilium omnimodo licet, siue in ipso negotio uenditionis gerendo conuenisset siue postea.
[ULPIAN, On the Edict of the Curule Aediles, book 1] It is permitted in every way to make an agreement contrary to the edict of the aediles, whether the agreement was made during the transaction of the sale itself or afterwards.

Notes

  1. §2.14.31.prconuenisset — The subjunctive pluperfect of the impersonal verb convenit (it is agreed). Here, introduced by the concessive particles siue... siue... (whether... or...), it expresses a hypothesized past situation where an agreement 'had been made' either during or after the transaction.
  2. §2.14.31.prin ipso negotio uenditionis gerendo — A gerundive construction where the ablative noun negotio, governed by the preposition in, agrees with the gerundive gerendo. Based on the phrase negotium gerere (to conduct business), it means 'during the transaction of the sale itself'.

Cite this passage

Justinian I, The Digest of Justinian §2.14.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.31.pr

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