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Justinian I · The Digest of Justinian §21.1.24.pr

Restitution of Slave's Acquisitions to Seller upon Rescission

Passage 3039 of 9271 · Latin

Summary

Presents the general rule that whatever is acquired through the slave outside of the buyer's property must be restored to the seller upon rescission.

[GAIUS libro primo ad edictum aedilium curulium. ] §21.1.24.prEt generaliter dicendum est, quidquid extra rem emptoris per eum seruum adquisitum est, id iustum uideri reddi oportere.
[GAIUS libro primo ad edictum aedilium curulium.] And generally it must be said that, whatever has been acquired through that slave outside of the buyer's property, it seems just that it ought to be restored.

Notes

  1. 21.1.24.prextra rem emptoris — Means "outside of the buyer's property (or funds)." While what the slave acquired using the buyer's own funds (ex re emptoris) remains with the buyer, whatever was acquired from other sources (such as third-party legacies) must be restored to the seller upon rescission.
  2. 21.1.24.prid iustum uideri reddi oportere — This is an accusative-with-infinitive clause governed by the impersonal gerundive dicendum est. It features a nested construction where id reddi (its being restored) acts as the subject of the impersonal verb oportere (ought to), and this entire combination serves as the subject of iustum uideri (to seem just).

Cite this passage

Justinian I, The Digest of Justinian §21.1.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.1.24.pr

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