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Justinian I · The Digest of Justinian §21.2.33.pr

Eviction After Resale and Stipulation Against the Seller

Passage 3114 of 9271 · Latin

Summary

It explains that if a person buys a slave and resells them to a third party, but is then condemned to pay damages to the buyer because the slave was evicted (preventing delivery), the stipulation for double value against the original seller comes into effect.

[IDEM libro quinquagesimo primo ad Sabinum. ] §21.2.33.prSi seruum emero et eundem uendidero, deinde emptori ob hoc fuero condemnatus, quia tradere non potui euictum, committitur stipulatio.
[THE SAME, On Sabinus, Book Fifty-One] If I buy a slave and sell the same slave, and subsequently I am condemned to the buyer on the ground that I could not deliver him because he was evicted, the stipulation is activated.

Notes

  1. §21.2.33.preuictum — A perfect passive participle in the masculine accusative singular, modifying the omitted noun 'seruum' (slave). Literally 'I could not deliver the [slave who was] evicted', it functions to express the cause or circumstance of the inability to deliver, meaning 'because eviction had taken place'.
  2. §21.2.33.prcommittitur stipulatio — In legal Latin, 'committi' (in reference to a stipulation) means that the condition of the stipulation is fulfilled or the penalty/liability under it is incurred. Here, it indicates that the buyer's right to sue the original seller on the stipulation for eviction is activated once the buyer is condemned in court by the subsequent purchaser.

Cite this passage

Justinian I, The Digest of Justinian §21.2.33.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.33.pr

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