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Justinian I · The Digest of Justinian §21.3.2.pr

Protection of First Buyer in Double Sale after Ownership Acquisition

Passage 3159 of 9271 · Latin

Summary

Julian states that if Titius sells another's land and subsequently becomes its owner but then sells it to a second buyer, the first buyer should be protected.

[POMPONIUS libro secundo ex Plautio. ] §21.3.2.prSi a Titio fundum emeris qui Sempronii erat isque tibi traditus fuerit, pretio autem soluto Titius Sempronio heres exstiterit et eundem fundum Maeuio uendiderit et tradiderit: Iulianus ait aequius esse priorem te tueri, quia et si ipse Titius fundum a te peteret, exceptione summoueretur et si ipse Titius eum possideret, Publiciana peteres.
[POMPONIUS, Book 2 from Plautius.] If you have bought from Titius a land which belonged to Sempronius, and it has been delivered to you, and, after the price was paid, Titius has become the heir to Sempronius and has sold and delivered the same land to Maevius: Julian says that it is more equitable that you, being prior, should be protected, because even if Titius himself were to claim the land from you, he would be repelled by an exception, and if Titius himself possessed it, you would claim it by the Publician action.

Notes

  1. §21.3.2.prpriorem te tueri — In the accusative-with-infinitive clause depending on 'aequius esse', 'te' (with 'priorem' in apposition) is the subject accusative, and 'tueri' (normally a deponent verb 'tueor' meaning 'to protect') is used here in a passive sense ('to be protected'). Thus, it means 'that you, being prior, should be protected'.
  2. §21.3.2.prPubliciana — The word 'Publiciana' is an ablative singular feminine with the noun 'actione' (action) omitted. It functions as an ablative of means, meaning 'by the Publician action'.

Cite this passage

Justinian I, The Digest of Justinian §21.3.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.3.2.pr

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