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Justinian I · The Digest of Justinian §3.3.67.pr

Eviction Guarantee Given by a Procurator

Passage 550 of 9271 · Latin

Summary

It states that a procurator who has personally guaranteed the warranty against eviction for estates sold on behalf of his principal cannot be relieved from this obligation by the praetor, even after he ceases to manage the affairs.

[IDEM libro secundo responsorum. ] §3.3.67.prProcurator, qui pro euictione praediorum quae uendidit fidem suam adstrinxit, etsi negotia gerere desierit, obligationis tamen onere praetoris auxilio non leuabitur: nam procurator, qui pro domino uinculum obligationis suscepit, onus eius frustra recusat.
[THE SAME in the second book of Opinions.] A procurator who has bound his own credit for the eviction of estates which he sold, even if he has ceased to manage the affairs, will nevertheless not be relieved from the burden of the obligation by the assistance of the praetor; for a procurator who has undertaken the bond of an obligation on behalf of his principal, in vain refuses its burden.

Notes

  1. §3.3.67.prpro euictione — Refers to the warranty against eviction. It means that the procurator personally bound his own credit to guarantee the buyer against eviction (evictio) by a third party claiming a superior right to the estates sold.
  2. §3.3.67.prpraetoris auxilio — Refers to praetorian relief (such as restitutio in integrum). The procurator cannot obtain a discharge from his contractually assumed obligation through the extraordinary intervention of the praetor merely because he has subsequently ceased to manage the principal's affairs.

Cite this passage

Justinian I, The Digest of Justinian §3.3.67.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.67.pr

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