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Justinian I · The Digest of Justinian §50.17.160.pr-50.17.160.2

Consent to Sale, Majority Acts, and Legatee's Rights

Passage 9220 of 9271 · Latin

Summary

From Ulpian, explaining the distinction between selling and consenting to a sale, that the act of the majority is attributed to all, and that a legatee cannot have more rights than the heir or the testator.

[ULPIANUS libro septuagensimo sexto ad edictum. ] §50.17.160.prAliud est uendere, aliud uendenti consentire.
[ULPIANUS, in the seventy-sixth book on the edict.] Selling is one thing, consenting to the seller is another.
§50.17.160.1Refertur ad uniuersos, quod publice fit per maiorem partem.
What is done publicly by the majority is attributed to all.
§50.17.160.2Absurdum est plus iuris habere eum, cui legatus sit fundus, quam heredem aut ipsum testatorem, si uiueret.
It is absurd for one to whom land has been bequeathed to have more right than the heir, or the testator himself, if he were alive.

Notes

  1. §50.17.160.2plus iuris — `iuris` (genitive singular of `ius`) is used as a partitive genitive depending on the neuter accusative pronoun of quantity `plus` (the object of `habere`), meaning "more of right" or "more rights."
  2. §50.17.160.2si uiueret — The imperfect subjunctive `uiueret` in the conditional clause expresses a present contrary-to-fact condition ("if [the testator] were alive"), modifying the comparison target `testatorem`.

Cite this passage

Justinian I, The Digest of Justinian §50.17.160.pr-50.17.160.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.160.pr-50.17.160.2

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