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Justinian I · The Digest of Justinian §45.1.102.pr

Scope of Litigation Expenses in Eviction Guarantees

Passage 7449 of 9271 · Latin

Summary

After the death of the buyer, who had a guarantee from the sellers for eviction and litigation expenses, one seller sued the heirs for the price which had already been paid. The heirs sought to recover their defense costs under the stipulation, but Modestinus ruled that if the guarantee only covered lawsuits concerning ownership, these expenses could not be claimed.

[IDEM libro quinto responsorum. ] §45.1.102.prUenditores emptori cauerant pro euictione, quanti eius interesset: sed et specialiter adgnituros, si in lite mota sumptus fecisset, emptori stipulanti promiserant.
[THE SAME, book five of Answers] Sellers had guaranteed the buyer against eviction to the extent of his interest; and they had also specially promised the stipulating buyer that they would assume responsibility if he should incur expenses in any litigation that arose.
post mortem emptoris unus ex uenditoribus ad iudicium uocauit, pretium sibi deberi dicens, heredes eius: qui sumptus in defensione causae factos, cum probarent pretium solutum fuisse, ex stipulatione petebant.
After the death of the buyer, one of the sellers summoned his heirs to court, claiming that the price was owed to him. The heirs, having proved that the price had been paid, sought by action on the stipulation the expenses incurred in the defense of the case.
Modestinus respondit, si in eas impensas uenditores promiserunt, quae ob litem de proprietate institutam factae essent, minime ex stipulatu peti posse, quod erogatum est, dum alter ex uenditoribus pretium, quod iam fuerat exsolutum, petit.
Modestinus replied that if the sellers promised to cover those expenses which were incurred on account of a lawsuit instituted over ownership, what was spent while one of the sellers was demanding the price which had already been paid can by no means be recovered by action on the stipulation.

Notes

  1. §45.1.102.prquanti eius interesset — quanti is a genitive of value used with the impersonal verb interesset, indicating the measure of the buyer's financial interest (the indemnity for eviction).
  2. §45.1.102.pradgnituros — The future participle adgnituros, with esse understood, forms a future infinitive depending on promiserant in an accusative-and-infinitive construction, where the semantic subject is uenditores.
  3. §45.1.102.prqui sumptus in defensione causae factos... petebant — The relative pronoun qui refers back to the antecedent heredes and functions as the subject of petebant. sumptus (accusative plural) is the direct object of petebant, modified by the past participle factos.
  4. §45.1.102.prminime ex stipulatu peti posse, quod erogatum est — peti posse is an infinitive depending on the main verb respondit; its subject is the relative clause quod erogatum est with an omitted antecedent ('that which was expended').

Cite this passage

Justinian I, The Digest of Justinian §45.1.102.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.102.pr

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