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Justinian I · The Digest of Justinian §21.2.26.pr

Actions for Loss of Freedman Due to Bad-Faith Seller

Passage 3107 of 9271 · Latin

Summary

This section rules on the actions available to a buyer who is deprived of the benefits of having a freedman because the seller knowingly sold another's slave, or because the buyer was compelled by a trust to manumit the slave.

[PAULUS libro quinto ad Sabinum. ] §21.2.26.prSed hoc nomine, quod libertum quis non habeat, ex uendito actionem habet, si scierit uenditor alienum se uendere.
[PAULUS, On Sabinus, Book Five] But on this ground, that one does not have a freedman, he has an action on the sale, if the seller knew that he was selling what belonged to another.
sed et si ex causa fideicommissi emptor coactus fuerit eum manumittere, ex empto actionem habebit.
But also, if the buyer has been compelled to manumit him by reason of a fideicommissum, he will have an action on the purchase.

Notes

  1. 21.2.26.prex uendito — In this context, where the buyer (emptor) who suffered a disadvantage brings an action against the seller, we would expect the "action on the purchase" (actio ex empto). However, the manuscripts read "action on the sale" (actio ex uendito). Given the contrast with ex empto actionem habebit in the subsequent sentence, ex uendito here is likely a scribal error for ex empto, or a confusion of the actions arising from the contract of sale (emptio uenditio).
  2. 21.2.26.prhoc nomine, quod — The noun phrase hoc nomine ("on this ground / under this name") with the demonstrative hoc is explained appositively by the subsequent quod clause ("that...").

Cite this passage

Justinian I, The Digest of Justinian §21.2.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.26.pr

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