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Justinian I · The Digest of Justinian §21.2.7.pr

Actions for Eviction and Purchase Against Substitute Heirs

Passage 3088 of 9271 · Latin

Summary

Julianus states that a buyer who purchased a slave from a ward or their substitute heir can bring actions on purchase and for eviction against the substitute heir, even though no such actions could have been brought against the ward.

[IULIANUS libro tertio decimo digestorum. ] §21.2.7.prQui a pupillo substitutum ei seruum emerit, agere cum substituto ex empto potest et ex stipulatu de euictione, cum neutram earum actionum aduersus pupillum habere potuerit.
[JULIANUS, Digests, book thirteen.] He who has bought a slave from a ward, [or] from his substitute [heir], can bring an action ex empto and ex stipulatu for eviction against the substitute, although he could have had neither of these actions against the ward.

Notes

  1. §21.2.7.prsubstitutum — The accusative substitutum in the text is widely understood as a textual variant or scribal error for the ablative substituto (or substitutove, 'or from his substitute'). In this context, it refers to the pupillary substitute heir (substitutus) who succeeds to the ward's estate.
  2. §21.2.7.prcum... potuerit — cum takes the subjunctive (here potuerit, perfect subjunctive) and is used here in a concessive sense ('although', 'even though'). It highlights the contrast that although no action could be brought against the ward (due to the lack of a tutor's authorization or other reasons), an action can nonetheless be brought against the substitute heir.

Cite this passage

Justinian I, The Digest of Justinian §21.2.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.7.pr

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