Humanitext Reader

Justinian I · The Digest of Justinian §44.6.1.pr-44.6.1.1

Defense of Litigious Property and Third-Party Buyers

Passage 7283 of 9271 · Latin

Summary

Ulpian explains that a notification intended to prevent a sale does not render a thing litigious, and that a buyer purchasing from an unaffected third party is generally protected from the exception of a litigious thing, unless the litigation involved the owner's legal representative.

[ULPIANUS libro septuagensimo sexto ad edictum. ] §44.6.1.prLitigiosam rem non facit denuntiatio, quae impediendae uenditionis causa fit.
[ULPIAN in the seventy-sixth book on the Edict.] An announcement made for the purpose of preventing a sale does not make a thing litigious.
§44.6.1.1Si inter Primum et Secundum sit lis contestata et ego a Tertio emero, qui nullam controuersiam patiebatur, uideamus, an exceptioni locus sit.
If joinder of issue has taken place between Primus and Secundus, and I purchase from Tertius, who was undergoing no controversy, let us see whether there is room for the exception.
et putem subueniendum mihi, quia is, qui mihi uendidit, nullam litem habuit et quod fieri potest, ut duo in necem eius litem inter se iungant, qui cum ipso litigare non poterant.
And I should think that I ought to be relieved, because he who sold to me had no lawsuit, and because it is possible that two persons, who could not litigate with him, might join in a lawsuit between themselves to his ruin.
si tamen cum procuratore tutore curatoreue alicuius iudicium acceptum sit, consequens erit dicere, quasi cum ipso litigetur, ita eum ad exceptionem pertinere.
If, however, a trial has been accepted with someone's procurator, tutor, or curator, it will be logical to say that, just as if the litigation were with the principal himself, so he is affected by the exception.

Notes

  1. §44.6.1.primpediendae uenditionis causa — A gerundive construction where the gerundive impediendae agrees with the genitive noun uenditionis, dependent on causa to express purpose ('for the purpose of preventing a sale').
  2. §44.6.1.1subueniendum mihi — An impersonal passive periphrastic construction (subueniendum esse, with the copula omitted) of the intransitive verb subuenire, which governs the dative. The dative mihi indicates the recipient of the relief.
  3. §44.6.1.1in necem eius — The preposition in with the accusative necem expresses purpose or detrimental result ('to his ruin' or 'to his prejudice'). The genitive pronoun eius refers to the third party who sold the thing (Tertius).
  4. §44.6.1.1quasi cum ipso litigetur — A conditional clause of comparison introduced by quasi ('as if'), in which the verb litigetur is in the present subjunctive, used impersonally in the passive ('just as if it were litigated with the principal himself').

Cite this passage

Justinian I, The Digest of Justinian §44.6.1.pr-44.6.1.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.6.1.pr-44.6.1.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.