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Justinian I · The Digest of Justinian §21.2.61.pr

Direct Delivery to a Subpurchaser and Eviction Liability

Passage 3142 of 9271 · Latin

Summary

It is stated that if a seller, with the buyer's consent, directly delivers the sold property to a third-party purchaser, the seller remains liable to the buyer for eviction as if the buyer had received and delivered it.

[MARCELLUS libro octauo digestorum. ] §21.2.61.prSi quod a te emi et Titio uendidi, uoluntate mea Titio tradideris, de euictione te mihi teneri, sicuti si acceptam rem tradidissem, placet.
[MARCELLUS libro octauo digestorum.] If you, in accordance with my will, have delivered to Titius that which I bought from you and sold to Titius, it is held that you are liable to me for eviction, just as if I had received the thing and delivered it.

Notes

  1. §21.2.61.prquod — Neuter accusative singular of the relative pronoun. The antecedent (such as the demonstrative id) is omitted, serving as the direct object of the relative clause's verbs emi and uendidi, as well as the direct object of the conditional clause's verb tradideris.
  2. §21.2.61.prtradideris — Second-person singular of the future perfect active indicative of trado (to deliver). It denotes an action completed in the conditional clause prior to the state of affairs in the main clause ('if you shall have delivered').
  3. §21.2.61.prte mihi teneri — Accusative with infinitive construction (AcI) consisting of the subject accusative te and the passive infinitive teneri (to be bound, held liable). It functions as the subject of the impersonal verb placet ('it is accepted, ruled').
  4. §21.2.61.pracceptam rem — Attributive use of the perfect participle acceptam (received) modifying rem. Operating as the object of the pluperfect subjunctive tradidissem, the implied agent is 'I' (the buyer). Literally, 'as if I had delivered the received thing', meaning it is legally treated as equivalent to receiving and then delivering the item.

Cite this passage

Justinian I, The Digest of Justinian §21.2.61.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.61.pr

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