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Justinian I · The Digest of Justinian §21.1.32.pr

Warranty of Defects for Slaves Sold as Accessions

Passage 3048 of 9271 · Latin

Summary

Gaius explains that when a slave is sold as an accession to another principal thing, the seller is still required to declare any defects and guarantee their absence, applying both to specifically named slaves and to general classes of slaves on the property.

[GAIUS libro secundo ad edictum aedilium curulium. ] §21.1.32.prItaque sicut superius uenditor de morbo uitioue et ceteris quae ibi comprehensa sunt praedicere iubetur, et praeterea in his causis non esse mancipium ut promittat praecipitur: ita et cum accedat alii rei homo, eadem et praedicere et promittere compellitur.
[GAIUS in the second book on the edict of the curule aediles.] Therefore, just as above the seller is ordered to declare beforehand concerning disease or defect and the other things which are included there, and furthermore is commanded to promise that the slave is not in these conditions; so also, when a slave is added as an accession to another thing, the seller is compelled both to declare and to promise the same things.
quod non solum hoc casu intellegendum est, quo nominatim adicitur accessurum fundo hominem Stichum, sed etiam si generaliter omnia mancipia quae in fundo sint accedant uenditioni.
This must be understood not only in this case, where it is added by name that the slave Stichus will accrue to the land, but also if generally all the slaves who are on the land accrue to the sale.

Notes

  1. §21.1.32.prin his causis — Refers to the conditions/causes of disease (morbus) or defect (uitium) mentioned above. 'Esse in causa' is a legal idiom meaning 'to be in a certain state or legal condition'.
  2. §21.1.32.prut promittat — A noun clause functioning as the subject of the impersonal verb 'praecipitur'. In this context, 'promittere' is a technical legal term meaning to guarantee the quality of the object of sale by formal verbal contract (stipulatio).
  3. §21.1.32.prquod — A demonstrative pronoun at the beginning of the sentence (or a relative connection), referring back to the entire rule just stated. The main verb is 'intellegendum est' at the end of the clause.
  4. §21.1.32.praccessurum fundo hominem Stichum — An accusative with infinitive (AcI) construction introduced by 'adicitur'. The copula 'esse' of the future infinitive is omitted, and 'hominem Stichum' functions as its subject. 'Fundo' is a dative governed by 'accessurum'.

Cite this passage

Justinian I, The Digest of Justinian §21.1.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.1.32.pr

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