Humanitext Reader

Justinian I · The Digest of Justinian §4.4.14.pr

Limits on Restitution Against a Bona Fide Third Party

Passage 716 of 9271 · Latin

Summary

Paulus states, agreeing with Pomponius, that as long as the original purchaser from the minor or their heir is solvent, no new measures of restitution should be established against a third-party purchaser in good faith.

[PAULUS libro undecimo ad edictum. ] §4.4.14.prPlane quamdiu is qui a minore rem accepit aut heres eius idoneus sit, nihil noui constituendum est in eum, qui rem bona fide emerit, idque et Pomponius scribit.
[PAULUS in the eleventh book on the Edict.] Clearly, as long as he who received the thing from the minor, or his heir, is solvent, nothing new should be established against him who bought the thing in good faith, and Pomponius also writes this.

Notes

  1. §4.4.14.pridoneus — While literally meaning "suitable" or "fit", here it is used in the legal sense of "solvent" (having sufficient means). It is synonymous with soluendo esset in the preceding section (4.4.13.1).
  2. §4.4.14.prnihil noui — The genitive singular neuter adjective noui is used as a partitive genitive modifying nihil, literally meaning "nothing of new." It refers to not establishing any "new (exceptional or disadvantageous) measure of relief" against a good-faith third-party purchaser.

Cite this passage

Justinian I, The Digest of Justinian §4.4.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.4.14.pr

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