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Justinian I · The Digest of Justinian §33.7.29.pr

Status of a Boat in the Sale of an Equipped Ship

Passage 5089 of 9271 · Latin

Summary

Labeo argues that a ship's boat should be delivered when a ship is bought with its equipment, but Paulus disagrees on the principle that equipment must be of a different kind from the thing itself, whereas a boat differs from a ship only in size, not in kind.

[LABEO libro primo πιθανών. ] §33.7.29.prSi nauem cum instrumento emisti, praestari tibi debet scapha nauis.
[LABEO, from the first book of Probabilities.] If you have bought a ship with its equipment, the boat of the ship ought to be delivered to you.
PAULUS: immo contra.
PAULUS: On the contrary.
etenim scapha nauis non est instrumentum nauis: etenim mediocritate, non genere ab ea differt, instrumentum autem cuiusque rei necesse est alterius generis esse atque ea quaequae sit: quod Pomponio libro septimo epistularum placuit.
For the boat of a ship is not the equipment of the ship; for it differs from it in size, not in kind, and it is necessary that the equipment of any thing be of a different kind from the thing itself, whatever it may be: this was approved by Pomponius in the seventh book of his Letters.

Notes

  1. §33.7.29.prmediocritate — The word mediocritas, which originally means 'moderation' or 'mediocrity', here denotes a difference in 'size' or 'magnitude' within the same kind (e.g., a boat compared to a ship). It is an ablative of specification modifying differt.
  2. §33.7.29.pralterius generis — A genitive of description functioning as the predicate of the infinitive (esse), which forms the subject of necesse est. The conjunction atque is used with alterius to express comparison ('of a different kind from...').

Cite this passage

Justinian I, The Digest of Justinian §33.7.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.7.29.pr

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