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Justinian I · The Digest of Justinian §41.2.33.pr

Delivery of Land via Agent and the Seller's Death

Passage 6731 of 9271 · Latin

Summary

This section explains that a buyer cannot validly take possession of land on his own initiative before the delivery authorized by the seller is executed, and discusses the validity of delivery made by the seller's friend after the seller's death when the death was unknown or the heirs did not object.

[POMPONIUS libro trigensimo secundo ad Sabinum. ] §41.2.33.prFundi uenditor etiamsi mandauerit alicui, ut emptorem in uacuam possessionem induceret, priusquam id fieret, non recte emptor per se in possessionem ueniet.
[POMPONIUS, in the thirty-second book on Sabinus.] Even if the seller of a tract of land has authorized someone to induct the buyer into vacant possession, before this is done, the buyer will not rightly enter into possession by himself.
item si amicus uenditoris mortuo eo, priusquam id sciret, aut non prohibentibus heredibus id fecerit, recte possessio tradita erit.
Likewise, if a friend of the seller has done this after his death, before he knew of it, or with the heirs not forbidding it, possession will have been rightly delivered.
sed si id fecerit, cum sciret dominum mortuum aut cum sciret heredes id facere nolle, contra erit.
But if he has done this when he knew that the owner was dead, or when he knew that the heirs did not want to do this, the contrary will be the case.

Notes

  1. §41.2.33.pruacuam possessionem — Refers to 'vacant possession' (possession free of occupiers or obstacles), signifying the physical state necessary for the buyer to lawfully commence possession.
  2. §41.2.33.prmortuo eo — An ablative absolute composed of the pronoun eo (the seller) and the participle mortuo, expressing the temporal circumstance 'after his (the seller's) death'.
  3. §41.2.33.prnon prohibentibus heredibus — An ablative absolute with the present participle prohibentibus and the noun heredibus negated by non, meaning 'with the heirs not forbidding it' or 'without the objection of the heirs'.
  4. §41.2.33.prcontra erit — The opposite of the preceding 'recte possessio tradita erit', serving as a concise expression meaning 'the contrary will be the case' (i.e., the delivery of possession will be invalid).

Cite this passage

Justinian I, The Digest of Justinian §41.2.33.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.2.33.pr

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