Humanitext Reader

Justinian I · The Digest of Justinian §38.1.40.pr

Patron's Right to Services After the Sale of Goods

Passage 5925 of 9271 · Latin

Summary

Papinian discusses the right to demand services when a patron's goods have been sold, stating that the patron retains the action for services overdue after the sale, but not for those overdue before the sale.

[PAPINIANUS libro uicensimo quaestionum. ] §38.1.40.prSi bona patroni uenierint, operarum, quae post uenditionem praeterierint, actio patrono dabitur, etsi alere se possit: ante uenditionem praeteritarum non dabitur, quoniam ex ante gesto agit.
[PAPINIANUS, in his twentieth book of Questions.] If the goods of a patron have been sold, an action for services which have expired after the sale will be granted to the patron, even if he is able to support himself; but for those which expired before the sale, it will not be granted, because he would be suing on the basis of a prior transaction.

Notes

  1. §38.1.40.properarum — Objective genitive modifying the subject `actio` of the main verb `dabitur`, meaning "an action for services."
  2. §38.1.40.prex ante gesto — A substantival use of the neuter perfect participle serving as the object of the preposition `ex`, meaning "on the basis of a prior transaction." This indicates that the claim for services accrued before the sale belonged to the sold estate, meaning the patron cannot personally sue for it.

Cite this passage

Justinian I, The Digest of Justinian §38.1.40.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.1.40.pr

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