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Justinian I · The Digest of Justinian §3.3.75.pr

Security for Ratification by Defender of Absent Buyer

Passage 558 of 9271 · Latin

Summary

Regarding a defender representing an absent land buyer, Julianus decides that the defender must provide the seller with security for ratification by the buyer. Otherwise, the buyer could sue again and force the seller into another defense.

[IULIANUS libro tertio digestorum. ] §3.3.75.prQui absentem emptorem eundemque possessorem fundi defendebat et iudicium nomine eius accipiebat, postulabat a uenditore fundi, ut ab eo defenderetur: uenditor desiderabat caueri sibi ratam rem emptorem habiturum: puto eum uenditori de rato satisdare debere, quia si fundum agenti restituerit, nihil prohibet dominum rem petere et cogi uenditorem rursus defendere.
[JULIANUS in the third book of the Digests.] He who defended an absent buyer who was also the possessor of a tract of land, and accepted the joinder of issue in his name, demanded of the seller of the land that he be defended by him; the seller desired security to be given to him that the buyer would ratify the matter; I think that he ought to give security to the seller for ratification, because if he should restore the land to the plaintiff, nothing prevents the owner from claiming the property and the seller from being compelled to defend again.

Notes

  1. §3.3.75.prratam rem emptorem habiturum — This is an accusative-with-infinitive (A.C.I.) construction forming the subject matter of the passive infinitive 'caueri' (that security be given), which is used impersonally. 'rem ratam habere' (to ratify/approve a transaction) is a standard legal formula, with 'emptorem' serving as the subject accusative and 'ratam rem habiturum [esse]' as the predicate.
  2. §3.3.75.pragenti — The dative singular of the present participle 'agens' (from the verb 'ago', meaning to bring an action or conduct a trial), used substantively to mean 'the plaintiff' or 'the claimant'. It refers to the opposing party to whom the defender would restore the land upon losing the case.
  3. §3.3.75.prcogi uenditorem rursus defendere — This clause is governed by 'nihil prohibet' (nothing prevents) and stands in parallel with 'dominum rem petere'. 'uenditorem' is the subject accusative of the passive infinitive 'cogi', while the active infinitive 'defendere' complements 'cogi' ('to be compelled to defend').

Cite this passage

Justinian I, The Digest of Justinian §3.3.75.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.75.pr

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