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Justinian I · The Digest of Justinian §21.2.53.pr-21.2.53.1

Eviction of Part of Land and Failure to Notify the Seller

Passage 3134 of 9271 · Latin

Summary

On the calculation of liability when a part of a tract of land sold at a fixed price per iugerum is evicted, and the loss of the buyer's right of action under the stipulation if he fails to notify the seller and consequently loses the suit.

[PAULUS libro septuagesimo septimo ad edictum. ] §21.2.53.prSi fundo tradito pars euincatur, si singula iugera uenierint certo pretio, tunc non pro bonitate, sed quanti singula uenierint quae euicta fuerint, praestandum, etiamsi ea quae meliora fuerint euicta sint.
[PAULUS, Book LXXVII on the Edict.] If, after a tract of land has been delivered, a part of it is evicted, and if the individual iugera were sold at a fixed price, then the liability must be discharged not according to the quality, but for the amount at which the individual iugera that were evicted had been sold, even if those which were better have been evicted.
§21.2.53.1Si cum possit emptor auctori denuntiare, non denuntiasset idemque uictus fuisset, quoniam parum instructus esset, hoc ipso uidetur dolo fecisse et ex stipulatu agere non potest.
If the buyer, although he could have given notice to the seller, had not given notice and had been defeated in the suit, since he was insufficiently prepared, by this very fact he is deemed to have acted with fraud, and he cannot bring an action on the stipulation.

Notes

  1. §21.2.53.prquanti — Genitive of price (value), functioning as the complement of the intransitive verb uenierint (from uenire, to be sold), indicating the price at which they were sold.
  2. §21.2.53.1cum possit — The conjunction cum introducing a concessive clause ("although he could"). The present subjunctive possit is used alongside the pluperfect subjunctive (non denuntiasset) to state a general principle or as a historical present describing the past situation vividly.
  3. §21.2.53.1parum instructus esset — Subjunctive imperfect. The subject is the buyer (emptor). It explains the immediate reason for his defeat: because, by failing to notify the seller, he was insufficiently prepared or equipped (parum instructus) with legal arguments or evidence in the lawsuit.

Cite this passage

Justinian I, The Digest of Justinian §21.2.53.pr-21.2.53.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.53.pr-21.2.53.1

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