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Justinian I · The Digest of Justinian §40.12.22.pr-40.12.22.6

Standing and Subjective Requirements in Buying a Freeman

Passage 6587 of 9271 · Latin

Summary

Ulpian discusses the standing for the action on the case when buying a free person, detailing the rights of successors and co-buyers, and the legal effect of an agent's or guardian's state of mind.

[ULPIANUS libro quinquagensimo quinto ad edictum. ] §40.12.22.prNon solus autem emptor, sed et successores eius hac in factum actione agere poterunt.
[ULPIANUS on the Edict, book fifty-five.] However, not only the buyer, but also his successors will be able to sue by this action on the case.
§40.12.22.1Emere sic accipiemus, etiamsi per alium quis emerit, ut puta procuratorem.
We shall understand "to buy" in this way, even if someone has bought through another, for example, an agent.
§40.12.22.2Sed et si plures emerint, omnes habebunt hanc actionem, sic tamen, ut, si quidem pro partibus emerint, pro parte pretii habeant actionem: enimuero si unusquisque in solidum, quisque in solidum habeat actionem. nem.
But also if several have bought, all will have this action, yet in such a way that, if indeed they bought in proportion to their shares, they have the action for a portion of the price; but if each in full, each has the action in full.
nec alterius scientia alteri nocebit, uel ignorantia proderit.
Nor will the knowledge of one harm another, or ignorance benefit another.
§40.12.22.3Si eum liberum esse emptor nesciit, postea autem scire coepit, hoc ei non nocebit, quia tunc ignorauit.
If the buyer did not know that he was free, but afterwards came to know, this will not harm him, because at that time he was ignorant.
sed si tunc sciit, postea dubitare coepit, nihilum proderit.
But if at that time he knew, and afterwards began to doubt, it will benefit him not at all.
§40.12.22.4Heredi et ceteris successoribus scientia sua nihil nocet, ignorantia nihil prodest.
To the heir and other successors, their own knowledge does not harm, nor does their ignorance benefit them.
§40.12.22.5Sed si per procuratorem scientem quis emerit, ei nocet, sicuti tutoris quoque nocere Labeo putat.
But if anyone has bought through a knowing agent, it harms him, just as Labeo thinks that the knowledge of a guardian also harms.
§40.12.22.6Haec actio post annum non datur, cum sit honoraria: est autem et poenalis.
This action is not granted after a year, since it is honorary; moreover, it is also penal.

Notes

  1. §40.12.22.2actionem. nem. — This is likely a textual corruption or dittography in the manuscript tradition. Substantively, the sentence ends with "actionem," followed by "nec..."
  2. §40.12.22.3eum liberum esse — An accusative with infinitive clause serving as the direct object of the verb "nesciit" (did not know). The accusative "eum" refers to the free person who was the object of the transaction.
  3. §40.12.22.4Heredi et ceteris successoribus scientia sua — The reflexive pronoun "sua" refers to the heirs and successors themselves. Their own knowledge or ignorance does not affect the legal status of the action; rather, the deceased's state of mind at the time of purchase is decisive.
  4. §40.12.22.5tutoris quoque nocere — "tutoris" is a genitive of possession governing an implied noun "scientiam" (knowledge), understood from "scientem" in the previous clause. Thus, it means "the [knowledge] of a guardian also harms [the ward]."

Cite this passage

Justinian I, The Digest of Justinian §40.12.22.pr-40.12.22.6. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.12.22.pr-40.12.22.6

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