Humanitext Reader

Justinian I · The Digest of Justinian §21.1.56.pr

Redhibition of a Slave to the Surety of a Sale

Passage 3072 of 9271 · Latin

Summary

In response to Latinus Largus' question of whether a slave can be returned to the surety of a purchase, Paulus replies, citing Marcellus, that this is possible if the surety was accepted for the entire transaction.

[PAULUS libro primo quaestionum. ] §21.1.56.prLatinus Largus: quaero, an fideiussori emptionis redhiberi mancipium possit.
[PAULUS in the first book of Questions.] Latinus Largus: I ask whether a slave can be returned to the surety for the purchase.
respondi, si in uniuersam causam fideiussor sit acceptus, putat Marcellus posse ei fideiussori redhiberi.
I replied that Marcellus thinks that, if the surety was accepted for the whole business, the slave can be returned to that surety.

Notes

  1. §21.1.56.prfideiussori emptionis — The genitive emptionis modifies the dative fideiussori, meaning "surety for the purchase." It raises the question of whether a person acting as guarantor for the sale can receive the returned slave in place of the buyer.
  2. §21.1.56.prin uniuersam causam — Meaning "for the whole transaction" or "for the entire case." It refers to a situation where the surety was accepted (acceptus sit) comprehensively to cover all rights and liabilities arising from the purchase contract, including redhibition, rather than just a single specific obligation.
  3. §21.1.56.prputat Marcellus posse ei fideiussori redhiberi — In the accusative-with-infinitive construction introduced by the verb putat, the subject accusative mancipium (the slave) is omitted. The passive infinitive redhiberi depends on posse. Literally: "Marcellus thinks that (the slave) can be returned to that surety."

Cite this passage

Justinian I, The Digest of Justinian §21.1.56.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.1.56.pr

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