Humanitext Reader

Justinian I · The Digest of Justinian §21.1.20.pr

Actions Based on Prior Statements and Subsequent Stipulations

Passage 3035 of 9271 · Latin

Summary

Gaius introduces the opinion of Caelius Sabinus, who states that if a statement was made before the sale and a stipulation was later entered into, the right to sue based on the prior statement arises as soon as the slave is sold.

[GAIUS libro primo ad edictum aedilium curulium. ] §21.1.20.prSi uero ante uenditionis tempus dictum intercesserit, deinde post aliquot dies interposita fuerit stipulatio, Caelius Sabinus scribit ex priore causa, quae statim, inquit, ut ueniit id mancipium, eo nomine posse agere coepit.
[GAIUS libro primo ad edictum aedilium curulium.] If, however, a statement was made before the time of the sale, and then after some days a stipulation was entered into, Caelius Sabinus writes that [the buyer] can sue on the prior ground, which, he says, began to make it possible to sue on that account as soon as the slave was sold.

Notes

  1. §21.1.20.prueniit — A spelling variant or scribal spelling of 'venit' (or 'venivit'), the perfect tense of the verb 'veneo' (to be sold). It should not be confused with 'venit' from 'venio' (to come), as the legal context clearly requires 'to be sold'.
  2. §21.1.20.prquae ... posse agere coepit — The relative pronoun 'quae' refers to 'priore causa' (prior ground/cause). The subject of 'coepit' is 'quae', and 'posse agere' serves as its complementary infinitive. Literally 'which [cause] began to make it possible to sue,' meaning that the prior statement became a viable ground for bringing an action.

Cite this passage

Justinian I, The Digest of Justinian §21.1.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.1.20.pr

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