Humanitext Reader

Justinian I · The Digest of Justinian §42.4.15.pr

Equating Acquirers by Exchange or Settlement to Buyers

Passage 6949 of 9271 · Latin

Summary

Ulpian explains that a person who has acquired a thing through exchange, payment in lieu, lawsuit valuation, or an onerous stipulation is treated similarly to a buyer.

[ULPIANUS libro sexto fideicommissorum. ] §42.4.15.prIs, qui rem permutatam accepit, emptori similis est: item is, qui rem in solutum accepit uel qui lite aestimata retinuit uel ex causa stipulationis non ob liberalitatem est consecutus.
[ULPIANUS, book six on Fideicommissa.] He who has received a thing by exchange is similar to a buyer; likewise he who has received a thing in lieu of payment, or who has retained it after the valuation of a lawsuit, or who has obtained it under a stipulation not on account of liberality.

Notes

  1. §42.4.15.prin solutum — A technical legal expression referring to "payment in lieu" (datio in solutum), where another performance is accepted instead of the original debt. Here, the person receiving the thing is treated equivalent to a buyer as an onerous acquirer.
  2. §42.4.15.prlite aestimata — Refers to the valuation of the object in a lawsuit. When the defendant pays the valued amount (aestimatio litis) to the plaintiff instead of returning the thing, they practically acquire ownership and retain (retinere) it. This is assimilated to a buyer as a type of onerous acquisition.
  3. §42.4.15.prnon ob liberalitatem — Meaning "not on account of liberality (gratuitous intent, gift)." It limits the cases where a stipulation (stipulatio) was entered into not for a gratuitous purpose like a gift, but based on an onerous cause.

Cite this passage

Justinian I, The Digest of Justinian §42.4.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.4.15.pr

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