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Justinian I · The Digest of Justinian §25.2.9.pr

Involuntary Sale at Fair Price and Valuation by Oath

Passage 3684 of 9271 · Latin

Summary

Paulus argues that it is inequitable to force someone to sell their property against their will at its ordinary price, supporting the justification for valuation based on the owner's oath.

[PAULUS libro trigesimo septimo ad edictum. ] §25.2.9.pr(non enim aequum est inuitum suo pretio res suas uendere)
[PAULUS, On the Edict, book 37.] (for it is not equitable that a person against his will should sell his own property at its ordinary price)

Notes

  1. §25.2.9.prinuitum — The accusative masculine singular of the adjective inuitus, serving as the subject accusative of the infinitive uendere, meaning 'against one's will'. It forms part of the accusative-and-infinitive construction which acts as the subject of the impersonal expression non aequum est.
  2. §25.2.9.prsuo pretio — An ablative of price, meaning 'at its own price' or 'at its ordinary (objective) price'. It illustrates the reasoning that forcing a victim to accept the mere objective value of the removed property against their will is equivalent to a forced sale at that price, which is inequitable.

Cite this passage

Justinian I, The Digest of Justinian §25.2.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:25.2.9.pr

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