Humanitext Reader

Justinian I · The Digest of Justinian §21.1.60.pr

Restoration to Original State upon Redhibition

Passage 3076 of 9271 · Latin

Summary

Explains that once the return (redhibition) is made, all things are restored to their original state as if no purchase or sale had taken place.

[PAULUS libro sexagesimo nono ad edictum. ] §21.1.60.prFacta redhibitione omnia in integrum restituuntur, perinde ac si neque emptio neque uenditio intercessit.
[PAULUS in the sixty-ninth book on the Edict.] When the return has been made, all things are restored to their former state, just as if neither purchase nor sale had taken place.

Notes

  1. 60prFacta redhibitione — An ablative absolute phrase consisting of the perfect passive participle 'facta' (from 'facere', feminine singular ablative) and the noun 'redhibitione' (from 'redhibitio', feminine singular ablative), indicating the condition or prior occurrence before the main action.
  2. 60prin integrum — A technical legal expression meaning 'to the former, unimpaired state.' Combined with 'restituuntur', it denotes the legal effect of restitution to the original condition.
  3. 60prperinde ac si — A comparative conjunction phrase meaning 'just as if'. While it typically takes the subjunctive, here it is followed by the perfect indicative 'intercessit' to strongly equate the post-return state with the historical reality of no sale having ever intervened.

Cite this passage

Justinian I, The Digest of Justinian §21.1.60.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.1.60.pr

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