Humanitext Reader

Justinian I · The Digest of Justinian §4.7.8.pr-4.7.8.5

Scope of the Edict on Alienation to Alter a Lawsuit

Passage 817 of 9271 · Latin

Summary

Explains Paulus's view on the edict regarding the alienation of property to change a trial. It covers the liability of a person who presents the thing but fails to restore its original state, the scope of the praetor's edict (preventing future lawsuits, sale of another's property), the exclusion of alienation by instituting an heir or bequeathing, the exemption from liability if property is recovered, and how returning goods to a seller does not count as such alienation.

[PAULUS libro duodecimo ad edictum. ] §4.7.8.prEx hoc edicto tenetur et qui rem exhibet, si arbitratu iudicis pristinam iudicii causam non restituit.
[PAULUS, On the Edict, Book XII] Under this edict, even he who presents the thing is held liable, if he does not, by the decision of the judge, restore the original state of the lawsuit.
§4.7.8.1Ait praetor: 'quaeue alienatio iudicii mutandi causa facta erit': id est si futuri iudicii causa, non eius quod iam sit.
The praetor says: "or whatever alienation shall have been made for the purpose of changing the trial": that is, if it is for the purpose of a future trial, not of one which already exists.
§4.7.8.2Alienare intellegitur etiam qui alienam rem uendidit.
Even he who has sold another's property is understood to alienate.
§4.7.8.3Sed heredem instituendo uel legando si quis alienet, huic edicto locus non erit.
But if anyone alienates by instituting an heir or by bequeathing, there will be no room for this edict.
§4.7.8.4Si quis alienauerit, deinde receperit, non tenebitur hoc edicto.
If anyone has alienated and then received it back, he will not be held liable under this edict.
§4.7.8.5Qui uenditori suo redhibet, non uidetur iudicii mutandi causa abalienare,
He who returns a thing to his seller is not regarded as alienating for the purpose of changing the trial,

Notes

  1. §4.7.8.prpristinam iudicii causam — iudicii is the genitive of iudicium (lawsuit, trial), and causa here means "state", "condition", or "legal position". Thus, the phrase refers to "the original state of the lawsuit" or "the former status of the case".
  2. §4.7.8.3heredem instituendo uel legando — Ablatives of the gerund expressing means. It is translated as "by instituting an heir or by bequeathing."
  3. §4.7.8.5redhibet — The third-person singular present indicative of redhibere (to return a defective purchase). It refers to the legal act of returning goods to the seller by rescinding the contract due to defects in the object of sale.

Cite this passage

Justinian I, The Digest of Justinian §4.7.8.pr-4.7.8.5. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.7.8.pr-4.7.8.5

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