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Justinian I · The Digest of Justinian §33.5.3.pr

Option on Wine Before Tasting and Non-Exhaustion

Passage 5022 of 9271 · Latin

Summary

This section clarifies that the rule mentioned in the previous chunk—that choosing vinegar does not exhaust the option—applies only if the choice was made before the presentation (tasting) of the wine.

[IDEM libro uicesimo tertio ad Sabinum. ] §33.5.3.prscilicet si ante exhibitionem, hoc est ante degustationem acetum elegerit.
[THE SAME, on Sabinus, Book XXIII] That is to say, if he chose the vinegar before the presentation, that is, before the tasting.

Notes

  1. §33.5.3.prscilicet si... elegerit — This conditional clause presents a restrictive condition added to the ruling in the previous passage (33.5.2.3), which stated that choosing vinegar does not exhaust the option of wine. Introduced by "scilicet" (that is to say), it specifies that this holds true only if the mistake occurred before the tasting (degustatio) took place.
  2. §33.5.3.prexhibitionem — "exhibitio" (presentation, production) refers to the act of showing the object in question to the party. Here, it denotes the process where the wine is actually presented to the legatee for tasting (degustatio).

Cite this passage

Justinian I, The Digest of Justinian §33.5.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.5.3.pr

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