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Justinian I · The Digest of Justinian §21.2.28.pr

Defenses of Both Parties and Eviction Stipulation

Passage 3109 of 9271 · Latin

Summary

This passage explains that when objections are raised from the person of both the seller (auctor) and the buyer, whether the stipulation for eviction is committed depends on which objection the judge based the adverse decision upon.

[ULPIANUS libro octogesimo ad edictum. ] §21.2.28.prSed si ex utriusque persona et auctoris et emptoris exceptiones obicientur, intererit, propter quam exceptionem iudex contra iudicauerit, et sic aut committetur aut non committetur stipulatio.
[ULPIANUS, On the Edict, Book Eighty] But if objections are raised from the person of both, the seller and the buyer, it will matter on account of which objection the judge decided against [the buyer], and thus the stipulation will either be committed or not.

Notes

  1. 21.2.28.printererit — The future third-person singular of intersum used impersonally, meaning "it will matter" or "it will make a difference." It introduces the indirect question clause propter quam exceptionem... iudicauerit, indicating that the specific objection which formed the basis of the judgment determines the legal outcome.
  2. 21.2.28.prcommittetur — The passive of committere with stipulatio as its subject is a technical legal usage meaning that the condition of a conditional stipulation (here, the guarantee against eviction) is fulfilled, thereby making the penalty or performance enforceable.

Cite this passage

Justinian I, The Digest of Justinian §21.2.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.28.pr

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