Justinian I · The Digest of Justinian §21.2.47.pr

Eviction of One of Multiple Slaves and Action on Purchase

Passage 3128 of 9271 · Latin

Summary

Explains that if two slaves are bought for a specific price each and one is evicted, the buyer can bring an action on purchase for the evicted slave even if the remaining one is worth the total price, noting that it matters whether they were bought individually or together.

[IDEM libro octauo quaestionum. ] §21.2.47.prSi duos seruos quinis a te emam et eorum alter euincatur, nihil dubii fore, quin recte eo nomine ex empto acturus sim, quamuis alter decem dignus sit, ubi referre, separatim singulos an simul utrumque emerim.

[THE SAME, Book VIII of Questions.] If I should buy two slaves from you for five each, and one of them is evicted, there would be no doubt that I would rightly bring an action on purchase on that account, even though the other is worth ten; and in this matter, it is of importance whether I bought them individually or both together.

Notes

21.2.47.prquinis — Distributive numeral meaning "for five each." This term indicates that the two slaves were purchased with an individual price of five set for each, rather than for a single lump sum.
21.2.47.prnihil dubii fore — The main clause in indirect speech, where `fore` is the contracted form of `futurum esse` (future infinitive). `dubii` is a partitive genitive depending on the neuter pronoun `nihil`.
21.2.47.prquin recte eo nomine ex empto acturus sim — A `quin` clause following a negated expression of doubt (`nihil dubii`), where the verb is in the subjunctive, combining the future active participle `acturus` with the auxiliary `sim` (present subjunctive) to express an action future relative to the main clause (`fore`).
21.2.47.pralter decem dignus sit — The adjective `dignus` (worthy of, deserving) takes an ablative of value, here represented by `decem`. Although the numeral `decem` is indeclinable, it functions here as an ablative.
21.2.47.prubi referre — `referre` is the infinitive in indirect speech of the impersonal verb `refert` (it is of importance, it matters). Because the preceding sentence continues in indirect speech (`fore`), the infinitive is used here as well. `ubi` (wherein / in which case) refers to the situation where the action is brought or the context of the valuation.

Cite this passage

Justinian I, The Digest of Justinian §21.2.47.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.47.pr

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