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Justinian I · The Digest of Justinian §6.1.46.pr

Transfer of Ownership by Payment of Sworn Valuation

Passage 1117 of 9271 · Latin

Summary

This section explains that when a thing claimed in an action in rem is valued at the amount sworn to by the plaintiff, ownership immediately transfers to the possessor, because the plaintiff is deemed to have settled at that self-established price.

[PAULUS libro decimo ad Sabinum. ] §6.1.46.prEius rei, quae per in rem actionem petita tanti aestimata est, quanti in litem actor iurauerit, dominium statim ad possessorem pertinet: transegisse enim cum eo et decidisse uideor eo pretio, quod ipse constituit.
[PAULUS in the tenth book on Sabinus.] The ownership of that thing, which, having been claimed through an action in rem, has been valued at as much as the plaintiff swore to in the lawsuit, immediately belongs to the possessor; for I am deemed to have transacted and settled with him at that price which I myself established.

Notes

  1. §6.1.46.prtanti aestimata est, quanti — The genitive of value is used here, indicating that the thing was valued at the same amount that the plaintiff swore to in court (the *iusiurandum in litem*).
  2. §6.1.46.pruideor — This verb is in the first-person singular, taking a subjective perspective as if the jurist or plaintiff speaks ('I am deemed to...'). It governs the nominative with infinitive construction with *transegisse* and *decidisse*.

Cite this passage

Justinian I, The Digest of Justinian §6.1.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.46.pr

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