Humanitext Reader

Justinian I · The Digest of Justinian §21.2.27.pr

Personal Defenses of the Parties and Seller Liability

Passage 3108 of 9271 · Latin

Summary

Explains the legal rule that if objections arising from the buyer's personal circumstances or acts block the claim, the seller is not liable and the buyer has no action, whereas the opposite is true if the objections relate to the seller's person.

[POMPONIUS libro undecimo ad Sabinum. ] §21.2.27.prHoc iure utimur, ut exceptiones ex persona emptoris obiectae si obstant, uenditor ei non teneatur, si uero ad personam uenditoris respicient, contra: certe nec ex empto nec ex stipulatione duplae nec simplae actio competit emptori, si exceptio ei ex facto ipsius opposita obstiterit.
[POMPONIUS, On Sabinus, Book Eleven] We observe this rule of law, that if objections raised from the person of the buyer stand in his way, the seller is not liable to him; but if they relate to the person of the seller, the opposite is true. Certainly, neither an action on the purchase nor one on the stipulation for double or single value is available to the buyer, if an objection raised against him from his own act has stood in his way.

Notes

  1. 21.2.27.prex persona emptoris... ad personam uenditoris — Contrasts the personal circumstances originating from the buyer (using 'ex') with those relating to the seller (using 'ad'). This distinguishes the party to whom the cause of the objection is attributed.
  2. 21.2.27.prcontra — The adverb 'contra' (on the contrary) is an elliptical expression representing the opposite consequence of the preceding clause, meaning 'the seller is liable to him' (uenditor ei teneatur).
  3. 21.2.27.prex facto ipsius — The genitive of the intensive pronoun 'ipsius' refers back to the dative 'emptori' (the buyer), meaning an objection arising from the buyer's own act.

Cite this passage

Justinian I, The Digest of Justinian §21.2.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.27.pr

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