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Justinian I · The Digest of Justinian §24.1.26.pr-24.1.26.1

Delivery to a Wife by Order and Donations Between In-Laws

Passage 3536 of 9271 · Latin

Summary

Presents the legal rule that a seller is released from liability when delivering a sold object to the buyer's wife by the buyer's order, and Neratius' opinion that the exceptional causes of donation permitted between spouses also apply to in-laws.

[PAULUS libro septimo ad Sabinum. ] §24.1.26.prSi eum, qui mihi uendiderit, iusserim eam rem uxori meae donationis causa dare et is possessionem iussu meo tradiderit, liberatus erit, quia, licet illa iure ciuili possidere non intellegatur, certe tamen uenditor nihil habet quod tradat.
[PAULUS, in the seventh book on Sabinus.] If I should order the person who has sold a thing to me to give it to my wife for the sake of donation, and he has delivered possession by my order, he will be released, because, although she is not understood to possess under civil law, certainly the seller has nothing left to deliver.
§24.1.26.1Ex quibus causis inter uirum et uxorem concessae sunt donationes, ex isdem et inter socerum et generum nurumue concessas Neratius ait.
Neratius says that from the same causes from which donations are permitted between husband and wife, they are also permitted between a father-in-law and a son-in-law or a daughter-in-law.
ergo socer genero mortis uel diuortii causa donabit, sed et gener socero mortis suae uel diuortii causa.
Therefore, a father-in-law will donate to a son-in-law on account of death or divorce, and also a son-in-law to a father-in-law on account of his own death or divorce.

Notes

  1. §24.1.26.priusserim — Subjunctive perfect or future perfect indicative. It forms a conditional clause paired with the future perfect liberatus erit in the apodosis. Grammatically, it takes the accusative eum as its object, which also acts as the subject of the infinitive dare (the construction of 'iubere aliquem facere aliquid').
  2. §24.1.26.printellegatur — Subjunctive governed by the concessive conjunction licet. The subject is illa (the wife), indicating that 'she is not understood to possess' in the legal sense under the civil law.
  3. §24.1.26.1concessas — A past participle with the omission of the auxiliary esse in an accusative-and-infinitive (A.C.I.) construction governed by Neratius ait. Its subject accusative (feminine plural) is donationes, which must be supplied from the preceding clause.

Cite this passage

Justinian I, The Digest of Justinian §24.1.26.pr-24.1.26.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.26.pr-24.1.26.1

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