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Justinian I · The Digest of Justinian §50.16.109.pr

Definition and Criteria of a Purchaser in Good Faith

Passage 8923 of 9271 · Latin

Summary

Defines a purchaser in good faith as one who was ignorant that the property belonged to another, or who believed that the seller had the right to sell it, such as an agent or a guardian.

[IDEM libro quinto pandectarum. ] §50.16.109.pr'Bonae fidei emptor' esse uidetur, qui ignorauit eam rem alienam esse, aut putauit eum qui uendidit ius uendendi habere, puta procuratorem aut tutorem esse.
[THE SAME, in the fifth book of the Pandects.] 'A purchaser in good faith' is deemed to be one who was ignorant that the thing belonged to another, or who thought that the person who sold it had the right of selling, for example, that he was an agent or a guardian.

Notes

  1. §50.16.109.prbonae fidei — Genitive of quality, modifying "emptor" (purchaser) to mean "in good faith".
  2. §50.16.109.prprocuratorem aut tutorem esse — An accusative with infinitive clause depending on the verb "putauit". The subject accusative of the infinitive "esse" is understood to be the preceding "eum" (qui uendidit). "puta" is an imperative used parenthetically as an adverb meaning "for example".

Cite this passage

Justinian I, The Digest of Justinian §50.16.109.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.109.pr

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