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Justinian I · The Digest of Justinian §25.2.10.pr

Relief from Eviction Warranty Due to Woman's Contumacy

Passage 3685 of 9271 · Latin

Summary

Pomponius explains that a man is not obliged to promise warranty against eviction when the situation was caused by the woman's contumacy.

[POMPONIUS libro sexto decimo ad Sabinum. ] §25.2.10.prideoque nec debere eum pro euictione promittere, quod ex contumacia mulieris id ita acciderit.
[POMPONIUS, On Sabinus, book 16.] and therefore he ought not to promise warranty against eviction, because this happened in this way owing to the contumacy of the woman.

Notes

  1. §25.2.10.prdebere eum — This forms an indirect speech construction (accusative with infinitive, AcI). The infinitive `debere` is used due to dependency on the implied main verb of the report, with `eum` acting as its subject.
  2. §25.2.10.prpro euictione promittere — A technical legal term in Roman law, referring to promising (typically via stipulatio) to indemnify the buyer in the event of eviction (evictio)—i.e., if the buyer is deprived of the property by a third party with a superior legal claim.
  3. §25.2.10.prquod ... acciderit — The subjunctive perfect `acciderit` is used either because it is a subordinate clause within indirect speech, or to indicate a subjective reason (the alleged ground) rather than a simple objective fact.

Cite this passage

Justinian I, The Digest of Justinian §25.2.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:25.2.10.pr

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