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Justinian I · The Digest of Justinian §21.2.12.pr

Eviction Liability of Co-Heirs Acquiescing to Sale

Passage 3093 of 9271 · Latin

Summary

This section explains that if an heir to a half share sells the entirety of estates and the co-heirs accept the price without objection while being present, each is deemed to have sold their own share and is liable to the buyer in case of eviction.

[SCAEUOLA libro secundo responsorum. ] §21.2.12.prQuidam ex parte dimidia heres institutus uniuersa praedia uendidit et coheredes pretium acceperunt: euictis his quaero, an coheredes ex empto actione teneantur.
[SCAEVOLA, Responses, book two.] A certain person, appointed heir to a half share, sold the entirety of the estates, and the co-heirs received the price. When these were evicted, I ask whether the co-heirs are liable under the action on purchase.
respondi, si coheredes praesentes adfuerunt nec dissenserunt, uideri unumquemque partem suam uendidisse.
I responded that, if the co-heirs were present and did not object, each one is deemed to have sold his own share.

Notes

  1. §21.2.12.preuictis his — An ablative absolute construction where the neuter plural ablative demonstrative pronoun `his` refers back to `uniuersa praedia` (the entirety of the estates). It translates to "when these [estates] were evicted" (i.e., recovered from the buyer by a third party with a better title).
  2. §21.2.12.pruideri unumquemque partem suam uendidisse — An accusative and infinitive construction introduced by the main verb `respondi` (I responded). Here, `uideri` is the present passive infinitive used impersonally ("it seems that" or "it is deemed that"), which governs the subject accusative `unumquemque` (each one) with the perfect active infinitive `uendidisse` (to have sold).

Cite this passage

Justinian I, The Digest of Justinian §21.2.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.12.pr

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