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Justinian I · The Digest of Justinian §21.3.3.pr-21.3.3.1

Personal Scope and Successors of the Defence of Sale and Delivery

Passage 3160 of 9271 · Latin

Summary

Discusses the scope of the exception of a sold and delivered thing, explaining that it benefits not only the first buyer but also their successors and the second buyer, and can be asserted against both universal and particular successors of the seller.

[HERMOGENIANUS libro sexto iuris epitomatorum. ] §21.3.3.prExceptio rei uenditae et traditae non tantum ei cui res tradita est, sed successoribus etiam eius et emptori secundo, etsi res ei non fuerit tradita, proderit: interest enim emptoris primi secundo rem non euinci.
[HERMOGENIANUS, Book 6 of the Epitome of Law.] The exception of a sold and delivered thing will benefit not only the person to whom the thing was delivered, but also his successors and the second buyer, even if the thing has not been delivered to him; for it is to the interest of the first buyer that the thing should not be evicted from the second buyer.
§21.3.3.1Pari ratione uenditoris etiam successoribus nocebit, siue in uniuersum ius siue in eam dumtaxat rem successerint.
By the same reasoning, it will also prejudice the successors of the seller, whether they have succeeded to his universal right or only to that specific thing.

Notes

  1. §21.3.3.printerest enim emptoris primi secundo rem non euinci — The impersonal verb "interest" takes a genitive of the person concerned (emptoris primi) and an accusative with infinitive clause (rem non euinci) to express the object of interest. "secundo" is a dative affecting the passive "euinci" (dative of separation or disadvantage), meaning "from the second buyer".
  2. §21.3.3.1siue in uniuersum ius siue in eam dumtaxat rem successerint — Contrasts universal succession (in uniuersum ius), such as by inheritance, with particular succession (in eam dumtaxat rem), such as by transfer of a specific property. "successerint" is in the perfect subjunctive (or future perfect), expressing a concessive condition with "siue... siue...".

Cite this passage

Justinian I, The Digest of Justinian §21.3.3.pr-21.3.3.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.3.3.pr-21.3.3.1

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