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Justinian I · The Digest of Justinian §21.1.27.pr

Scope of Expenses Refunded to Buyer upon Rescission

Passage 3042 of 9271 · Latin

Summary

Ulpian discusses the scope of expenses to be recovered by the buyer from the seller upon rescission of a sale, explaining that it includes not only the price and interest but also purchase expenses paid with the seller's consent and taxes that would have fallen on the buyer, while excluding voluntary payments.

[ULPIANUS libro primo ad edictum aedilium curulium. ] §21.1.27.prDebet autem recipere pecuniam, quam dedit pro eo homine, uel si quid accessionis nomine.
[ULPIANUS libro primo ad edictum aedilium curulium.] Moreover, he ought to recover the money which he paid for that slave, or any sum paid under the head of an accession.
dari autem non id solum accipiemus, quod numeratur uenditori, ut puta pretium et usuras eius, sed et si quid emptionis causa erogatum est.
And we shall interpret "to be paid" as referring not only to what is counted out to the seller, such as the price and its interest, but also to whatever has been expended for the sake of the purchase.
hoc autem ita demum deducitur, si ex uoluntate uenditoris datur: ceterum si quid sua sponte datum esse proponatur, non imputabitur: neque enim debet quod quis suo arbitrio dedit a uenditore exigere.
This, however, is brought into account only if it is paid in accordance with the will of the seller; on the other hand, if it is proposed that something was paid of his own accord, it will not be charged; for no one ought to demand from the seller what he paid of his own judgment.
quid ergo, si forte uectigalis nomine datum est, quod emptorem forte sequeretur? dicemus hoc quoque restituendum: indemnis enim emptor debet discedere.
What then, if it happened to be paid under the head of a tax, which would otherwise have fallen upon the buyer? We shall say that this too must be restored; for the buyer ought to depart free from loss.

Notes

  1. §21.1.27.pruel si quid accessionis nomine — The verb datum est or erogatum est is understood after si quid, with the entire clause serving as an object of the main verb recipere. The phrase accessionis nomine means "under the head of an accession," referring to expenses incurred for items accessory to the principal slave.
  2. §21.1.27.prdari autem non id solum accipiemus — The verb accipere here means "to interpret" or "to understand legally." The passive infinitive dari ("to be given/paid") is treated as a cited term, serving as the subject of the infinitive clause or the object of accipiemus.
  3. §21.1.27.prquod emptorem forte sequeretur — The imperfect subjunctive sequeretur in the relative clause expresses a past counterfactual condition (which, if not paid, would have followed or fallen upon the buyer).

Cite this passage

Justinian I, The Digest of Justinian §21.1.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.1.27.pr

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