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Justinian I · The Digest of Justinian §21.2.72.pr

Eviction of Individual Items in a Bulk Purchase

Passage 3153 of 9271 · Latin

Summary

This section explains that even when multiple tracts of land, slaves, or other things are sold under a single purchase instrument, each object remains legally independent, meaning that if one is evicted, the buyer is entitled to bring an individual action for eviction.

[CALLISTRATUS libro secundo quaestionum. ] §21.2.72.prCum plures fundi specialiter nominatim uno instrumento emptionis interposito uenierint, non utique alter alterius fundus pars uidetur esse, sed multi fundi una emptione continentur.
[CALLISTRATUS, Book 2 of Questions.] When several tracts of land are sold specifically by name under a single instrument of purchase, one tract is by no means seen to be a part of another, but many tracts of land are contained in one purchase.
et quemadmodum, si quis complura mancipia uno instrumento emptionis interposito uendiderit, euictionis actio in singula capita mancipiorum spectatur, et sicut aliarum quoque rerum complurium una emptio facta sit, instrumentum quidem emptionis interpositum unum est, euictionum autem tot actiones sunt, quot et species rerum sunt quae emptione comprehensae sunt: ita et in proposito non utique prohibebitur emptor euicto ex his uno fundo uenditorem conuenire, quod una cautione emptionis complures fundos mercatus comprehenderit.
And just as, if someone sells several slaves under a single instrument of purchase, the action on eviction is directed to the individual heads of slaves, and just as when one purchase of several other things is made, the instrument of purchase interposed is indeed one, but there are as many actions on eviction as there are species of things which are comprehended in the purchase; so also in the case proposed, the buyer will by no means be prohibited, when one of these tracts of land has been evicted, from suing the seller on the ground that he has encompassed the purchase of several tracts of land in one guarantee of purchase.

Notes

  1. §21.2.72.pralter alterius — The pronoun `alter` is juxtaposed in different cases (nominative and genitive) to express a reciprocal relationship ("one of the other"), emphasizing that although combined in one instrument, the individual tracts of land do not constitute subordinate parts of one another.
  2. §21.2.72.prquod ... comprehenderit — A causal `quod` clause with the perfect subjunctive `comprehenderit`. Rather than stating a simple objective fact, the subjunctive is used to present a hypothetical or alleged objection (the idea that "because he purchased several tracts under a single guarantee, he cannot sue individually") which is being rejected in the negative main clause.
  3. §21.2.72.preuicto ex his uno fundo — An ablative absolute consisting of the perfect participle `euicto` and the noun `fundo` (with the prepositional phrase `ex his uno`), expressing a condition: "when (or if) one of these tracts of land has been evicted."

Cite this passage

Justinian I, The Digest of Justinian §21.2.72.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.72.pr

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