Humanitext Reader

Justinian I · The Digest of Justinian §21.2.49.pr

Notice to the Seller when Usufruct Is Claimed from Buyer

Passage 3130 of 9271 · Latin

Summary

Gaius explains that if a usufruct is claimed from the buyer, they must give notice of the lawsuit to the seller, just as in the case where a part of the property is claimed.

[GAIUS libro septimo ad edictum prouinciale. ] §21.2.49.prSi ab emptore usus fructus petatur, proinde is uenditori denuntiare debet atque is a quo pars petitur.
[GAIUS, Book VII on the Provincial Edict.] If a usufruct is claimed from the buyer, he ought to give notice to the seller in the same manner as one from whom a part is claimed.

Notes

  1. §21.2.49.prproinde ... atque — A correlative construction meaning "just as" or "in the same manner as," where the adverb proinde in the main clause corresponds with the comparative conjunction atque.
  2. §21.2.49.prdenuntiare — Refers to the formal "notice of litigation" (litis denuntiatio) in Roman law. When a buyer is sued by a third party claiming a right, they must notify the seller of the lawsuit to preserve their right to hold the seller liable for eviction.
  3. §21.2.49.prpars — Refers to a physical part of the property or an undivided share (pars pro indiviso). It establishes that the duty of notification when defending against a claim for a limited real right (usufruct) is treated in the same manner as when a "part" of the ownership is claimed.

Cite this passage

Justinian I, The Digest of Justinian §21.2.49.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.49.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.