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Justinian I · The Digest of Justinian §39.2.48.pr

Penalty for Commercial Demolition Sales and Public Exception

Passage 6172 of 9271 · Latin

Summary

Marcianus discusses the penalty for selling a house for demolition for commercial purposes, which requires both the buyer and the seller to pay the transaction price, and notes the exception for public works.

[MARCIANUS libro singulari de delatoribus. ] §39.2.48.prSi quis ad demoliendum negotiandi causa uendidisse domum partemue domus fuerit conuictus: ut emptor et uenditor singuli pretium, quo domus distracta est, praestent, constitutum est.
If anyone has been convicted of having sold a house or a part of a house for the purpose of demolition in order to trade, it is established that the buyer and the seller shall each pay the price for which the house was sold.
ad opus autem publicum si transferat marmora uel columnas, licito iure facit.
However, if he transfers the marbles or columns to a public work, he does so lawfully.

Notes

  1. §39.2.48.pruendidisse — An infinitive acting as the complement of conuictus fuerit (the passive of conuincere, "to convict"), indicating the charge or action for which the person has been found guilty.
  2. §39.2.48.prsinguli — A nominative plural adjective agreeing with the subject emptor et uenditor (buyer and seller). It specifies that instead of sharing a joint liability for a single amount, the buyer and the seller must "each individually" pay the full equivalent of the price as a penalty.
  3. §39.2.48.prquo — The ablative neuter singular of the relative pronoun qui, referring back to the antecedent pretium (price). It functions as an ablative of price, meaning "at which price the house was sold."

Cite this passage

Justinian I, The Digest of Justinian §39.2.48.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.2.48.pr

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