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Justinian I · The Digest of Justinian §21.2.54.pr-21.2.54.1

Relief by Usucapion and Liability in the Sale of a Statuliber

Passage 3135 of 9271 · Latin

Summary

This chunk explains that a seller of another's property is freed from eviction liability after usucapion or long-time prescription, and addresses the seller's liability under the action on purchase or for eviction when selling a statuliber.

[GAIUS libro uicesimo octauo ad edictum prouinciale. ] §21.2.54.prQui alienam rem uendidit, post longi temporis praescriptionem uel usucapionem desinit emptori teneri de euictione.
[GAIUS, Book XXVIII on the Provincial Edict.] A person who has sold property belonging to another ceases to be liable to the buyer on account of eviction, after the prescription of long time or usucapion.
§21.2.54.1Si heres statuliberum, qui sub condicione pecuniae dandae liber esse iussus est, uendiderit et maiorem pecuniam in condicione esse dixerit quam dare ei iussus est, ex empto tenetur, si modo talis est condicio, ut ad emptorem transiret, id est si heredi dare iussus est seruus: nam si alii dare iussum, quamuis ueram pecuniae quantitatem dixerit, tamen, si non admonuerit alii dare iussum, euictionis nomine tenebitur.
If an heir has sold a statuliber, who was ordered to be free under the condition of giving a sum of money, and said that a larger sum of money was in the condition than the slave was ordered to give to him, he is liable on the purchase, provided that the condition is such that it would pass to the buyer, that is, if the slave was ordered to give it to the heir; for if he was ordered to give it to another, even if the seller stated the true amount of money, nevertheless, if he did not warn the buyer that the slave was ordered to give it to another, he will be liable on account of eviction.

Notes

  1. §21.2.54.prlongi temporis praescriptionem uel usucapionem — The "longi temporis praescriptio" (prescription of long time) was a limitation of action or acquisitive prescription primarily applicable to provincial land, whereas "usucapio" was the civil law acquisition by possession applicable to Italian land, reflecting the context of this commentary on the Provincial Edict.
  2. §21.2.54.1si alii dare iussum — An ellipsis of the impersonal passive verb "iussum [est/sit]" ("it was ordered"), or used as the nominative neuter noun "iussum" ("order"), meaning "if it was ordered [for the slave] to give to another." The implied dative subject of the infinitive "dare" is the slave ("seruo").
  3. §21.2.54.1ut ad emptorem transiret — A consecutive or defining clause introduced by "ut" correlating with the demonstrative "talis," using the imperfect subjunctive "transiret" to describe the nature of the condition (such that it would pass to the buyer).

Cite this passage

Justinian I, The Digest of Justinian §21.2.54.pr-21.2.54.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.54.pr-21.2.54.1

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