Humanitext Reader

Justinian I · The Digest of Justinian §21.2.70.pr

Expectation Interest and Decrease in Value upon Eviction

Passage 3151 of 9271 · Latin

Summary

Paulus explains that the action on purchase in the case of eviction aims at recovering the buyer's interest rather than merely the price, and that any decrease in value is borne by the buyer.

[PAULUS libro quinto quaestionum. ] §21.2.70.prEuicta re ex empto actio non ad pretium dumtaxat recipiendum, sed ad id quod interest compe||tit: ergo et, si minor esse coepit, damnum emptoris erit.
[SCAEVOLA, Book 5 of Questions.] When a thing has been evicted, the action on purchase is available not merely to recover the price, but for the buyer's interest: therefore also, if it has begun to be less, it will be the buyer's loss.

Notes

  1. §21.2.70.prEuicta re — Ablative absolute, expressing a condition or time ("when a thing has been evicted").
  2. §21.2.70.prad pretium dumtaxat recipiendum — Gerundive construction introduced by the preposition `ad`, expressing purpose ("for receiving the price").
  3. §21.2.70.prminor esse coepit — The subject of `coepit` is understood as "the value of the thing" implied from the preceding `re`. If the value of the thing at the time of eviction is less than the purchase price, the buyer's interest is reduced accordingly, making the loss fall upon the buyer.

Cite this passage

Justinian I, The Digest of Justinian §21.2.70.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.70.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.