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Justinian I · The Digest of Justinian §21.1.59.pr-21.1.59.1

Defenses to Price Claims for Defective Slaves Sold Together

Passage 3075 of 9271 · Latin

Summary

This fragment discusses the injustice of a seller claiming the price when a sold slave is subject to redhibition, and the scope of the buyer's objection to a claim for the price when only one of two slaves bought together has a defect.

[ULPIANUS libro septuagesimo quarto ad edictum. ] §21.1.59.prCum in ea causa est uenditum mancipium, ut redhiberi debeat, iniquum est uenditorem pretium redhibendae rei consequi.
[ULPIANUS in the seventy-fourth book on the Edict.] When a sold slave is in such a condition that he ought to be returned, it is unjust for the seller to obtain the price of the thing to be returned.
§21.1.59.1Si quis duos homines uno pretio emerit et alter in ea causa est, ut redhibeatur, deinde petatur pretium totum, exceptio erit obicienda: si tamen pars pretii petatur, magis dicetur non nocere exceptionem, nisi forte ea sit causa, in qua propter alterius uitium utrumque mancipium redhibendum sit.
If someone has bought two men for a single price, and one of them is in such a condition that he should be returned, and then the entire price is claimed, an objection must be raised. If, however, a part of the price is claimed, it will rather be said that the objection does not stand in the way, unless by chance the case is such that, on account of the defect of the one, both slaves must be returned.

Notes

  1. 59pruenditorem pretium redhibendae rei consequi — An accusative-with-infinitive clause serving as the subject of iniquum est (it is unjust). uenditorem is the subject accusative of the infinitive consequi (to obtain, pursue), pointing out the injustice of the seller demanding or retaining the price while redhibition is pending.
  2. 59.1non nocere exceptionem — An accusative-with-infinitive clause depending on magis dicetur (it will rather be said). exceptionem (objection) is the subject, and non nocere (not to harm, not to stand in the way) is the verb. It explains that the buyer's objection (based on the defect of one slave) does not block the seller's claim for a part of the price corresponding to the non-defective slave.

Cite this passage

Justinian I, The Digest of Justinian §21.1.59.pr-21.1.59.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.1.59.pr-21.1.59.1

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