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Justinian I · The Digest of Justinian §21.2.19.pr-21.2.19.1

Eviction via Action on Purchase and Freed Inheritance

Passage 3100 of 9271 · Latin

Summary

This chunk explains that even without a stipulation, the action on purchase can be used to seek liability for eviction, and that if a sold free man inherits the seller's estate, he himself can be held liable for his own eviction.

[ULPIANUS libro uicesimo nono ad Sabinum. ] §21.2.19.prSed et si stipulatio nulla fuisset interposita, de ex empto actione idem dicemus.
[ULPIANUS, Commentary on Sabinus, Book Twenty-Nine.] But even if no stipulation had been interposed, we shall say the same in regard to the action on purchase.
§21.2.19.1Si homo liber qui bona fide seruiebat uenerit mihi a Titio Titiusque eum heredem scripserit quasi liberum et ipse mihi sui faciat controuersiam, ipsum de se obligatum habebo.
If a free man who was serving in good faith should be sold to me by Titius, and Titius should appoint him as heir as if he were free, and he himself should raise a dispute against me concerning himself, I shall hold him bound to me in respect of himself.

Notes

  1. 21.2.19.prde ex empto actione — The preposition de governs the ablative actione, while the phrase ex empto is treated substantively to modify actione ('the action arising from purchase'). It refers back to the rule in §21.2.18.pr, indicating that the same liability for eviction can be pursued through the action on purchase even in the absence of a stipulation.
  2. 21.2.19.1ipsum de se obligatum habebo — The construction of habeo with the perfect participle obligatum functions to mean 'to hold someone bound'. Here, ipsum (the free man himself who became Titius's heir) is the direct object and the logical subject of the participle, and de se (concerning himself) modifies obligatum, indicating that because he inherited the seller's estate, he himself is liable to the buyer for his own eviction.

Cite this passage

Justinian I, The Digest of Justinian §21.2.19.pr-21.2.19.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.19.pr-21.2.19.1

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