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Justinian I · The Digest of Justinian §21.1.46.pr

Buyer's Warranty Regarding Theft and Damage on Return

Passage 3062 of 9271 · Latin

Summary

This text stipulates that when returning a slave, the buyer is not obliged to promise that the slave is free from thefts and damages, unless those acts were committed by the order of the buyer or of the person to whom the slave was transferred.

[POMPONIUS libro octauo decimo ad Sabinum. ] §21.1.46.prCum mihi redhibeas, furtis noxisque solutum esse promittere non debes, praeterquam quod iussu tuo fecerat aut eius cui tu eum alienaueris.
[POMPONIUS in the eighteenth book on Sabinus.] When you return him to me, you are not obliged to promise that he is free from thefts and damages, except for what he had done by your order or by the order of him to whom you have alienated him.

Notes

  1. §21.1.46.prfurtis noxisque solutum esse — The subject of the infinitive phrase 'solutum esse' is the slave (eum) being returned, understood from the context. 'furtis' and 'noxis' are ablatives of separation, indicating freedom from liability for thefts or damages.
  2. §21.1.46.praut eius cui — The noun 'iussu' (by the order) is omitted before the genitive 'eius', meaning 'or [by the order] of him'. The pronoun 'eius' serves as the antecedent of the relative pronoun 'cui'.

Cite this passage

Justinian I, The Digest of Justinian §21.1.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.1.46.pr

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