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Justinian I · The Digest of Justinian §21.1.61.pr

Measure of Damages in Actions Concerning Servitudes

Passage 3077 of 9271 · Latin

Summary

It defines the measure of compensation that the defeated party must pay in an action regarding a servitude, which is the difference in price for which the buyer would have purchased the property less had he known of the servitude.

[ULPIANUS libro octogesimo ad edictum. ] §21.1.61.prQuotiens de seruitute agitur, uictus tantum debet praestare, quanti minoris emisset emptor, si scisset hanc seruitutem impositam.
[ULPIANUS in the eightieth book on the Edict.] Whenever an action is brought regarding a servitude, the defeated party must pay as much as the buyer would have paid less for it, if he had known that this servitude had been imposed.

Notes

  1. 61pruictus — The substantivized perfect passive participle of uincere (to conquer, win a lawsuit), meaning 'the defeated party'. Here it refers to the seller who concealed the servitude and subsequently lost the lawsuit brought by the buyer.
  2. 61prquanti minoris — Genitive of value/price. It stands in correlation with tantum in the main clause, and together with the pluperfect subjunctive emisset ('would have bought'), it expresses the degree of price/difference in a past contrary-to-fact conditional apodosis.
  3. 61prhanc seruitutem impositam — An accusative-with-infinitive construction (with the copula esse omitted) acting as the object clause of the verb scisset, meaning 'that this servitude had been imposed'.

Cite this passage

Justinian I, The Digest of Justinian §21.1.61.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.1.61.pr

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