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Justinian I · The Digest of Justinian §21.2.5.pr

Eviction of Subordinate Slaves in Peculium Sales

Passage 3086 of 9271 · Latin

Summary

Explains Labeo's view on the seller's liability when a subordinate slave (vicarius) is evicted, in a case where it was agreed that the peculium would go with the sold slave.

[PAULUS libro trigesimo tertio ad edictum. ] §21.2.5.prSerui uenditor peculium accessurum dixit.
[PAULUS, on the Edict, book thirty-three.] The seller of a slave said that the peculium would go with him.
si uicarius euictus sit, nihil praestaturum uenditorem Labeo ait, quia siue non fuit in peculio, non accesserit, siue fuerit, iniuriam a iudice emptor passus est: aliter atque si nominatim seruum accedere dixisset: tunc enim praestare deberet in peculio eum esse.
Labeo says that if a subordinate slave (vicarius) is evicted, the seller is liable for nothing; because if he was not in the peculium, he did not go with him, and if he was, the buyer suffered an injustice from the judge. It is otherwise if he had specifically said that the slave would go with him; for then he would have been obliged to warrant that he was in the peculium.

Notes

  1. §21.2.5.praccessurum — The neuter accusative singular of accessurus, the future participle of the intransitive verb accedo. It forms an accusative-and-infinitive structure acting as the object of dixit, with esse omitted, where peculium serves as the subject accusative.
  2. §21.2.5.priniuriam a iudice emptor passus est — Meaning 'the buyer suffered an injustice (a misjudgment) from the judge.' According to Labeo's logic, if the subordinate slave (vicarius) was indeed part of the peculium but was nevertheless evicted, this must have been due to an error by the judge. Since such an error lies outside the seller's sphere of liability (breach of contract or warranty against eviction) and is attributed to the judge's fault, the seller is exempt from liability.

Cite this passage

Justinian I, The Digest of Justinian §21.2.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.5.pr

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