Humanitext Reader

Justinian I · The Digest of Justinian §21.2.40.pr

Discharge of Eviction Sureties upon Bequest by Buyer

Passage 3121 of 9271 · Latin

Summary

This section explains that if the buyer bequeaths the land, imposing the obligation on the seller as his heir, the sureties provided by the seller for eviction are immediately released.

[IDEM libro quinquagesimo octauo digestorum. ] §21.2.40.prSi is qui satis a me de euictione accepit fundum a me herede legauerit, confestim fideiussores liberabuntur, quia, etiamsi euictus fuerit ab eo cui legatus fuerat, nulla aduersus fideiussores actio est.
[THE SAME, Digests, Book Fifty-Eight] If a person who received sufficient security from me concerning eviction has bequeathed a tract of land from me as heir, the sureties will be released immediately, because, even if the land should be evicted from the person to whom it had been bequeathed, there is no action against the sureties.

Notes

  1. §21.2.40.pra me herede — The preposition 'a' ('ab') indicates the person on whom the legacy is charged. It signifies that 'I' (the original seller) have become the heir (heres) of the buyer, and the legacy was made by imposing the obligation of delivery upon me as heir (legatum per damnationem).
  2. §21.2.40.prab eo cui legatus fuerat — A passive construction of 'euincere aliquid ab aliquo' (to evict something from someone). The omitted subject 'fundus' (the land) is evicted 'from the person' ('ab eo') to whom it had been bequeathed.

Cite this passage

Justinian I, The Digest of Justinian §21.2.40.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.40.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.