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Justinian I · The Digest of Justinian §44.7.55.pr

Requirement of Mutual Consent in Ownership Transfer

Passage 7340 of 9271 · Latin

Summary

Explains that in all transactions transferring ownership, regardless of the type of contract, mutual consent of both parties is required, without which the transaction cannot take effect.

[IAUOLENUS libro duodecimo epistularum. ] §44.7.55.prIn omnibus rebus, quae dominium transferunt, concurrat oportet affectus ex utraque parte contrahentium: nam siue ea uenditio siue donatio siue conductio siue quaelibet alia causa contrahendi fuit, nisi animus utriusque consentit, perduci ad effectum id quod inchoatur non potest.
[JAVOLENUS, Letters, Book XII] In all matters that transfer ownership, there must be a concurrence of intention on both sides of the contracting parties; for whether it was a sale, a donation, a lease, or any other cause of contracting, unless the mind of both consents, that which is begun cannot be brought to completion.

Notes

  1. §44.7.55.prconcurrat oportet — A construction where the impersonal verb oportet is followed by the subjunctive (concurrat) without ut. This is commonly understood as an elision of ut, meaning 'it is necessary that there be a concurrence.'
  2. §44.7.55.prperduci ad effectum id quod inchoatur non potest — The main verb is non potest, with the passive infinitive perduci as its complement. The pronoun id, which is the antecedent of the relative clause quod inchoatur, acts as the subject of the construction. Thus, the structure is 'that which is begun (id quod inchoatur) cannot (non potest) be brought (perduci) to completion (ad effectum).'

Cite this passage

Justinian I, The Digest of Justinian §44.7.55.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.55.pr

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