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Justinian I · The Digest of Justinian §43.26.20.pr

Recovery of Goods Held by Precarium on Default of Payment

Passage 7170 of 9271 · Latin

Summary

In a contract where sold goods remain with the buyer by precarium until full payment, if the failure to pay is due to the buyer, the seller has the right to recover the goods.

[ULPIANUS libro secundo responsorum. ] §43.26.20.prEa, quae distracta sunt, ut precario penes emptorem essent, quoad pretium uniuersum persolueretur: si per emptorem stetit, quo minus persolueretur, uenditorem posse consequi.
[ULPIANUS, Opinions, book two.] In the case of things which were sold on the condition that they should be held by precarium in the possession of the buyer until the entire price was paid: if it was due to the buyer that the price was not paid, the seller can recover them.

Notes

  1. §43.26.20.pruenditorem posse consequi — Since this is an excerpt from a collection of Opinions (Responsa), the entire statement is structured in indirect speech (accusative with infinitive), with an introductory verb of replying such as 'respondit' implied.
  2. §43.26.20.prsi per emptorem stetit, quo minus persolueretur — The phrase `stare per aliquem, quo minus...` (with subjunctive) is an idiomatic expression meaning 'to be due to someone that ... not' or 'to prevent through someone's fault'. Here, it indicates that the failure to complete the payment is attributable to the buyer (`emptorem`).

Cite this passage

Justinian I, The Digest of Justinian §43.26.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.26.20.pr

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