Humanitext Reader

Justinian I · The Digest of Justinian §50.17.26.pr

Power to Alienate Property Against Owner's Will or Absence

Passage 9086 of 9271 · Latin

Summary

Ulpian states that anyone who has the authority to alienate property against the owner's will has all the more power to do so when the owner is ignorant of it or absent.

[ULPIANUS libro trigensimo ad Sabinum. ] §50.17.26.prQui potest inuitis alienare, multo magis et ignorantibus et absentibus potest.
[ULPIANUS, in his thirtieth book on Sabinus.] He who has the power to alienate against the will of others has much more the power to do so when they are ignorant and absent.

Notes

  1. §50.17.26.prinuitis — This is an ablative absolute with the noun (likely dominis, 'owners') omitted, meaning 'against the will of [the owners]'. The subsequent ignorantibus and absentibus function in the same grammatical construction (ablatives absolute).
  2. §50.17.26.pralienare — A legal infinitive meaning 'to transfer property' or 'to alienate'. This infinitive alienare is understood as omitted after the second potest in the main clause.

Cite this passage

Justinian I, The Digest of Justinian §50.17.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.26.pr

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