Judgment for Double Value on Eviction Without Stipulation

Notes

1. 21.2.2.prSi dupla non promitteretur et eo nomine agetur — The imperfect subjunctive promitteretur refers to the past fact or assumption that double was not promised at the time of the sale, whereas the future indicative agetur and the apodosis condemnandus est (expressing future obligation) address the potential future event of an action being brought, resulting in a mixed conditional structure.
2. 21.2.2.preo nomine — Literally 'under that name' or 'on that account,' referring here to bringing an action based on the seller's liability for eviction arising from the good faith of the contract (such as the actio empti), even in the absence of an express stipulation for double the price.
3. 21.2.2.prdupli — This is a genitive of penalty used with the verb condemnandus est (condemnare) to indicate the amount or penalty to which the defendant is condemned.