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Justinian I · The Digest of Justinian §21.2.30.pr

Action on Stipulation when Victim Inherits from Buyer

Passage 3111 of 9271 · Latin

Summary

This section explains that if the victim of a theft committed by a slave becomes the heir of the buyer who had stipulated the slave's freedom from liability, the heir can bring an action on the stipulation against the seller, just as if the buyer himself had paid damages to a third party.

[IDEM libro nono decimo ad Sabinum. ] §21.2.30.prSi emptori, qui stipulatus sit furtis noxisque solutum esse, heres exstiterit is, cui seruus furtum fecerit, incipit is ex stipulatu actionem habere, quemadmodum si ipse alii praestitisset.
[THE SAME, On Sabinus, Book Nineteen] If the person against whom a slave committed a theft should become the heir to the buyer who had stipulated that the slave was free from thefts and damages, that person begins to have an action on the stipulation, just as if the buyer himself had made performance to another.

Notes

  1. §21.2.30.prSi emptori, qui stipulatus sit furtis noxisque solutum esse, heres exstiterit is, cui seruus furtum fecerit — The subject of the conditional clause is the demonstrative pronoun `is` (the person), and `emptori` (to the buyer) is a dative governed by `heres exstiterit` (has become the heir). The sentence features a double relative clause structure, where the `qui...` clause modifies `emptori` and the `cui...` clause modifies `is`.
  2. §21.2.30.prquemadmodum si ipse alii praestitisset — The pronoun `ipse` refers to the buyer (the deceased). If the buyer, during his lifetime, had paid damages (`praestitisset`) to a third party (`alii`) who was the victim of the slave's theft, he would have had an action on the stipulation against the seller. Since the victim has now become the buyer's heir, he is granted the same right of action as in this hypothetical scenario.

Cite this passage

Justinian I, The Digest of Justinian §21.2.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.30.pr

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