Liability of Transferors Under the Interdict on Force or Stealth

Notes

1. §39.3.13.printerdicto quod ui aut clam — Refers to the Roman law interdict "quod vi aut clam" (concerning what is done by force or stealth), a possessory remedy used to compel the restoration of works unlawfully erected on another's land. In this context, it indicates that the seller or donor who erected the work before transferring the land remains liable under this interdict for damages and expenses.
2. §39.3.13.prab actore factis — The perfect passive participle factis (from facio, in the ablative plural) agrees with both nouns damno (damage) and impensis (expenses). While "impensas facere" (to incur expenses) is a standard idiom, "damnum facere" (to suffer or cause damage) is also applicable here, meaning the damages suffered and expenses incurred by the plaintiff (actor).