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Justinian I · The Digest of Justinian §22.1.18.pr-22.1.18.1

Interest on Purchase Price in Eviction and Uncertain Heirs

Passage 3178 of 9271 · Latin

Summary

Discusses the obligation to pay interest on the price when land is evicted, and the conditions for interest to accrue during the period when the seller's heir is uncertain.

[IDEM libro tertio responsorum. ] §22.1.18.prEuictis agris, si initio conuenit, ut uenditor pretium restitueret, usurae quoque post euictionem praestabuntur, quamuis emptor post dominii litem inchoatam fructus aduersario restituit: nam incommodum medii temporis emptoris damnum est.
[THE SAME, from his third book of Opinions.] If the lands have been evicted, and it was agreed at the beginning that the seller should restore the price, interest also shall be paid after the eviction, although the buyer, after the suit for ownership was begun, restored the fruits to his adversary; for the disadvantage of the intermediate time is the loss of the buyer.
§22.1.18.1Post traditam possessionem defuncto uenditore, cui successor incertus fuit, medii quoque temporis usurae pretii, quod in causa depositi non fuit, praestabuntur.
After possession has been delivered, if the seller dies and his successor is uncertain, the interest also on the price for the intermediate time shall be paid, provided that the price was not in the position of a deposit.

Notes

  1. §22.1.18.prpost dominii litem inchoatam — The preposition post governing the accusative noun litem with the perfect participle inchoatam functioning attributively represents the fact "after the suit for ownership was begun" (the so-called ab urbe condita construction).
  2. §22.1.18.1quod in causa depositi non fuit — The relative pronoun quod (neuter singular nominative) has as its antecedent the preceding noun pretii (genitive of the neuter noun pretium). The phrase in causa depositi (in the state of a deposit) indicates that the debtor had not officially deposited the money to remove it from their own custody due to the uncertainty of the creditor.

Cite this passage

Justinian I, The Digest of Justinian §22.1.18.pr-22.1.18.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.1.18.pr-22.1.18.1

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