Humanitext Reader

Justinian I · The Digest of Justinian §45.1.28.pr

Distinction Between Delivery and Transfer of Ownership

Passage 7374 of 9271 · Latin

Summary

This text explains that if a stipulation is made for a thing to be delivered (tradi), it is not understood to mean that the ownership of the thing is given (dari) to the stipulator, but only that it is physically delivered.

[PAULUS libro decimo ad Sabinum. ] §45.1.28.prSi rem tradi stipulamur, non intellegimur proprietatem eius dari stipulatori, sed tantum tradi.
[PAULUS, in the tenth book on Sabinus.] If we stipulate for a thing to be delivered, we are not understood to have its ownership given to the stipulator, but only for it to be delivered.

Notes

  1. §45.1.28.printellegimur — The verb is in the personal passive construction ('we are understood'), but the subject of the subsequent infinitive clause is the accusative 'proprietatem', creating a syntactic mismatch. This can be understood either as an omission of an infinitive like 'stipulari' (to stipulate) dependent on 'intellegimur', or as a personal construction used with the force of an impersonal one ('it is understood that...').

Cite this passage

Justinian I, The Digest of Justinian §45.1.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.28.pr

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.