Humanitext Reader

Justinian I · The Digest of Justinian §21.2.1.pr

Recourse Against the Seller in Whole or Partial Eviction

Passage 3082 of 9271 · Latin

Summary

Discusses the buyer's right of recourse against the seller when all or part of the purchased property is evicted, explaining that the basis for recourse is proportional to quantity in the case of an undivided share, but depends on quality in the case of a specific location.

[ULPIANUS libro uicesimo octauo ad Sabinum. ] §21.2.1.prSiue tota res euincatur siue pars, habet regressum emptor in uenditorem.
[ULPIANUS, on Sabinus, book twenty-eight.] Whether the whole property or only a part of it is evicted, the buyer has a right of recourse against the seller.
sed cum pars euincatur, si quidem pro in diuiso euincatur, regressum habet pro quantitate euictae partis: quod si certus locus sit euictus, non pro indiuiso portio fundi, pro bonitate loci erit regressus.
But when a part is evicted, if indeed it is evicted as an undivided share, he has a right of recourse in proportion to the quantity of the evicted part; whereas if a specific location is evicted, and not an undivided portion of the land, the recourse will be in accordance with the quality of that location.
quid enim, si quod fuit in agro pretiosissimum, hoc euictum est, aut quod fuit in agro uilissimum? aestimabitur loci qualitas, et sic erit regressus.
For what if that which was the most valuable part in the field, or that which was the least valuable, has been evicted? The quality of the location will be appraised, and the recourse will be determined accordingly.

Notes

  1. §21.2.1.prpro in diuiso — Meaning "as an undivided share" or "in common." In some manuscripts, it is written as a single word, pro indiuiso. It is contrasted with the eviction of a physically specific area, referring here to the eviction of an abstract co-ownership share.
  2. §21.2.1.prquid enim, si — An idiomatic formula commonly used to introduce a concrete example or extreme hypothesis to reinforce an argument. It introduces a conditional clause and poses a rhetorical question.
  3. §21.2.1.prregressum — An accusative noun serving as the object of habere, meaning "recourse" or "redress" against the seller (in uenditorem). It denotes the right of the buyer to claim compensation from the seller when the purchased property is evicted.

Cite this passage

Justinian I, The Digest of Justinian §21.2.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.1.pr

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