Ownership Transfer in Absentia and Plaintiff's Security

Notes

1. §6.1.47.prHaec — Nominative neuter plural referring to the immediate transfer of ownership to the possessor upon payment of the litigation valuation discussed in the preceding section (§6.1.46.pr). It is followed by the conditional clause "si res praesens sit" (if the thing is present).
2. §6.1.47.prnon aliter... quam si... — A construction expressing strong limitation: "not otherwise... than if..." (i.e., "only if..."). Combined with the main clause "non est alienum" (it is not improper or unreasonable), it means "it is reasonable that the judge estimates the value only if the plaintiff has given security."
3. §6.1.47.prquod per se non fiat possessionem eius rei non traditum iri — A clause explaining the substance of the security given (`cauerit`). The phrase "possessionem eius rei non traditum iri" is an accusative with infinitive construction using the future passive infinitive, meaning "that the possession of that thing will not be delivered." This functions as the subject (or substantial noun clause) of "per se non fiat" (it does not happen by his own act). Thus, the whole phrase means guaranteeing "that the failure to deliver will not be due to his own act."