[IULIANUS libro quinquagensimo primo digestorum. ] §44.2.10.prItem si uictus fuero, tu aduersus me exceptionem non habebis.
[JULIANUS, digest, book fifty-one] Likewise, if I am defeated, you will not have an exception against me.
Justinian I · The Digest of Justinian §44.2.10.pr
Defeat Against Buyer and Res Judicata Plea by Seller
Summary
Based on the case in the preceding section, this section states that even if the claimant is defeated in the suit against the buyer, the seller will not have the exception of res judicata against the claimant.
Notes
- §44.2.10.prsi uictus fuero — Future perfect passive. It continues the specific case from the preceding section (§44.2.9.2), where "I" (the claimant) claims the property from "the buyer". It means "if I (the claimant) am defeated (in the lawsuit against the buyer)." Since the exception of res judicata does not travel backward from the buyer to the seller ("you"), you cannot raise this exception against me.
Cite this passage
Justinian I, The Digest of Justinian §44.2.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.2.10.pr
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