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Justinian I · The Digest of Justinian §49.14.5.pr-49.14.5.1

Fiscal Liability for Eviction and Transfer of Ownership

Passage 8526 of 9271 · Latin

Summary

The text states that the treasury is only liable for the single value in case of eviction of property sold by a curator of Caesar, and that the sale of treasury property by an authorized person transfers ownership to the buyer immediately upon payment.

[IDEM libro sexto decimo ad edictum. ] §49.14.5.prSi curator Caesaris rem aliquam uendiderit, quamuis duplum uel triplum pro euictione promiserit, tamen fiscus simplum praestabit.
[IDEM libro sexto decimo ad edictum.] If a curator of Caesar has sold some property, even if he has promised double or triple for eviction, the treasury shall nevertheless pay only the single value.
§49.14.5.1Si ab eo, cui ius distrahendi res fisci datum est, fuerit distractum quid fisci, statim fit emptoris, pretio tamen soluto.
If any property of the treasury has been sold by someone to whom the right to sell the property of the treasury was given, it immediately becomes the property of the buyer, provided, however, that the price has been paid.

Notes

  1. §49.14.5.prpro euictione — "For eviction." It refers to the warranty liability of the seller in case the buyer is deprived of the acquired property (evictio) due to a third party's superior legal claim.
  2. §49.14.5.1quid fisci — The indefinite pronoun "quid" (which stands for "aliquid" after "si") is accompanied by "fisci" (genitive of fiscus) functioning as a partitive genitive: "any property of the treasury."
  3. §49.14.5.1fit emptoris — "emptoris" is the genitive of "emptor" (buyer), functioning as a possessive genitive predicate with the verb "fieri" (to become): "becomes the property of the buyer."
  4. §49.14.5.1pretio tamen soluto — An ablative absolute (noun "pretio" + participle "soluto") enclosing the conjunction "tamen" (however), which expresses a restrictive condition: "provided, however, that the price has been paid."

Cite this passage

Justinian I, The Digest of Justinian §49.14.5.pr-49.14.5.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.14.5.pr-49.14.5.1

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