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Justinian I · The Digest of Justinian §50.16.205.pr

Scope of Fruits Reserved in the Sale of Land

Passage 9019 of 9271 · Latin

Summary

This text presents the legal interpretation of which specific fruits are considered to be included in the reservation when the seller of a tract of land reserves the 'fruit'.

[IDEM libro quarto epitomarum Alfeni. ] §50.16.205.prQui fundum uendidit, 'pomum' recepit: nuces et ficos et uuas dumtaxat duracinas et purpureas et quae eius generis essent, quas non uini causa haberemus, quas Graeci τρωξίμους appellarent, recepta uideri.
[THE SAME, in the fourth book of the Epitomes of Alfenus.] When a person who sold a tract of land reserved the 'fruit': it is held that walnuts, figs, and grapes—at least those that are hard-skinned and purple—and whatever is of that kind, which we do not keep for the sake of wine, and which the Greeks call τρωξίμους, are considered to have been reserved.

Notes

  1. §50.16.205.prrecepta uideri — uideri is an infinitive in indirect discourse expressing the jurist's opinion. recepta is a neuter plural form modifying the preceding nouns nuces (feminine), ficos (feminine), and uuas (feminine), treating them collectively as neuter things.
  2. §50.16.205.prdumtaxat — An adverb meaning 'at least' or 'only'. Here it modifies uuas, restricting the scope to grapes characterized as duracinas et purpureas (hard-skinned and purple).
  3. §50.16.205.pressent, haberemus, appellarent — These subjunctive verbs are used because they are in subordinate clauses within indirect discourse (dependent on uideri), or because they characterize a general class of things in relative clauses.

Cite this passage

Justinian I, The Digest of Justinian §50.16.205.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.205.pr

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