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Justinian I · The Digest of Justinian §40.7.10.pr

Misrepresentation of Conditions for Freedom and Seller Liability

Passage 6481 of 9271 · Latin

Summary

This section determines the scope of the seller's liability under the action on purchase and for eviction when an heir sells and delivers a statuliber under a false representation that the condition for his freedom requires a higher payment than it actually does.

[PAULUS libro quinto ad Sabinum. ] §40.7.10.prSi decem dare iussum heres uendiderit et tradiderit dixeritque adscriptum libertati, si uiginti dedisset, ex empto erit actio cum uenditore, aut, si dupla promissa est, ob euictionem dumtaxat duplae repetitio erit, ex empto ob mendacium.
[PAULUS libro quinto ad Sabinum.] If the heir has sold and delivered a slave who was ordered to pay ten, and has stated that he was designated for freedom if he should pay twenty, an action on purchase will lie against the seller; or, if a double amount was promised, there will merely be a recovery of the double amount on account of the eviction, and an action on purchase on account of the falsehood.

Notes

  1. §40.7.10.prdecem dare iussum — Modifies the omitted noun seruum (slave). decem (ten) is the object of the infinitive dare (to give/pay), which depends on the participle iussum (ordered). The entire phrase refers to a statuliber who is ordered to pay ten units for his freedom.
  2. §40.7.10.pradscriptum libertati — An accusative-with-infinitive construction depending on dixerit, with esse omitted. adscriptum is the perfect passive participle in the accusative, where the subject pronoun representing the slave is omitted. libertati is a dative of purpose or direction ('designated for freedom').
  3. §40.7.10.prex empto ob mendacium — An elliptical phrase at the end of the sentence, where the verb erit is understood from the preceding clauses. It indicates that, apart from the recovery of the double amount promised for eviction (dupla), the buyer can bring an action on purchase (actio ex empto) specifically for the seller's misrepresentation (mendacium) in stating that the slave needed to pay twenty instead of ten to be freed.

Cite this passage

Justinian I, The Digest of Justinian §40.7.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.7.10.pr

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