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Justinian I · The Digest of Justinian §21.2.11.pr-21.2.11.1

Eviction by Imperial Requisition and Warranty Limits

Passage 3092 of 9271 · Latin

Summary

In a case where land bought by Lucius Titius was distributed to veterans by imperial decree, it is ruled that eviction after the contract is not the seller's responsibility, and the scope of the warranty against offenses subject to public punishment is clarified.

[PAULUS libro sexto responsorum. ] §21.2.11.prLucius Titius praedia in Germania trans Renum emit et partem pretii intulit: cum in residuam quantitatem heres emptoris conueniretur, quaestionem rettulit dicens has possessiones ex praecepto principali partim distractas, partim ueteranis in praemia adsignatas: quaero, an huius rei periculum ad uenditorem pertinere possit. Paulus respondit futuros casus euictionis post contractam emptionem ad uenditorem non pertinere et ideo secundum ea quae proponuntur pretium praediorum peti posse.
[PAULUS, Responses, book six.] Lucius Titius bought estates in Germany across the Rhine and paid a part of the price. When the heir of the buyer was sued for the remaining amount, he raised a question, saying that these possessions had been partly sold and partly assigned to veterans as rewards by imperial decree: "I ask whether the risk of this matter can belong to the seller." Paulus responded that future cases of eviction occurring after the purchase is contracted do not concern the seller, and therefore, according to the facts presented, the price of the estates can be claimed.
§21.2.11.1Ex his uerbis stipulationis duplae uel simplae 'eum hominem quo de agitur noxa esse solutum' uenditorem conueniri non posse propter eas noxas, quae publice coerceri solent.
On the basis of these words of the double or single stipulation, 'that the person in question is free from liability for damage,' the seller cannot be sued on account of those offenses which are customarily punished publicly.

Notes

  1. §21.2.11.prpost contractam emptionem — The perfect passive participle `contractam` modifying the noun `emptionem` functions as a dominant participle (the 'ab urbe condita' construction), where the action of contracting rather than the purchase itself is the object of the preposition `post`.
  2. §21.2.11.1eum hominem quo de agitur noxa esse solutum — An accusative with infinitive clause quoting the standard formula used in a double or single stipulation. Here `homo` refers to a slave as the object of transaction, and `noxa` refers to private delictual liability. This standard formula guarantees that the sold slave is not liable to be surrendered for damage (noxae deditio), but it is interpreted here as not extending to public criminal punishments (`publice coerceri solent`).

Cite this passage

Justinian I, The Digest of Justinian §21.2.11.pr-21.2.11.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.11.pr-21.2.11.1

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