Humanitext Reader

Justinian I · The Digest of Justinian §21.2.67.pr

Invalidity of Belated Tender After Eviction

Passage 3148 of 9271 · Latin

Summary

This fragment explains that after the eviction of a slave, a seller cannot rightfully defend against paying damages to the buyer by offering the same slave after the due time.

[IDEM libro decimo responsorum. ] §21.2.67.prEmptori post euictionem serui quem dominus abduxit uenditor eundem seruum post tempus offerendo, quo minus praestet quod emptoris interest, non recte defenditur.
[The same, Book 10 of Opinions.] After the eviction of a slave whom his owner took away, a seller is not rightfully defended by offering the same slave after the proper time, so as to avoid performing to the buyer what is of interest to the buyer.

Notes

  1. §21.2.67.prdefenditur — This is a passive form with uenditor as its subject. In legal contexts, it means 'to defend oneself' or 'to raise a defense'. Thus, 'non recte defenditur' means that the seller's defense in this manner is not legally valid.
  2. §21.2.67.prquo minus — A conjunction introducing a clause of prevention or avoidance ('so that ... not' or 'to avoid'). It shows the seller's purpose or the intent of the defense: that by the act of offering (offerendo), he seeks to avoid paying (praestet).
  3. §21.2.67.prquod emptoris interest — A phrase consisting of the impersonal verb interest and the genitive emptoris ('of the buyer'). Literally meaning 'what is of concern to the buyer', in legal terms it refers to the buyer's interest or damages resulting from the eviction (expectation interest).

Cite this passage

Justinian I, The Digest of Justinian §21.2.67.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.67.pr

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