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Justinian I · The Digest of Justinian §6.1.50.pr-6.1.50.1

Buyer's Claim Requirements and Heir's Action Before Possession

Passage 1121 of 9271 · Latin

Summary

This chunk explains the requirements for bringing a recovery action for land acquired through purchase, and the exception allowing an heir to bring an action for inherited property even before gaining physical possession.

[CALLISTRATUS libro secundo edicti monitorii. ] §6.1.50.prSi ager ex emptionis causa ad aliquem pertineat, non recte hac actione agi poterit, antequam traditus sit ager tuncque possessio amissa sit.
[CALLISTRATUS in the second book of the Cautionary Edict.] If land should belong to someone by virtue of a purchase, proceedings cannot properly be brought under this action before the land has been delivered and then its possession has been lost.
§6.1.50.1Sed heres de eo quod hereditati obuenerit recte aget, etiamsi possessionem eius adhuc non habuerit.
But an heir will properly bring an action for what has accrued to the inheritance, even if he has not yet held possession of it.

Notes

  1. §6.1.50.pragi poterit — A combination of the passive infinitive `agi` of the verb `agere` (to bring an action) and the future auxiliary `poterit` (will be able). It is understood as an impersonal passive construction ("proceedings can be brought"), rather than taking `ager` (land) as its subject, used in combination with the ablative of means `hac actione`.
  2. §6.1.50.prtuncque — Composed of the adverb `tunc` (then, thereafter) and the enclitic conjunction `-que` (and). It connects the two clauses introduced by `antequam` (`traditus sit ager` and `possessio amissa sit`), indicating not merely co-occurrence but a chronological sequence: possession is lost "only after" the delivery of the land has been completed.

Cite this passage

Justinian I, The Digest of Justinian §6.1.50.pr-6.1.50.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.50.pr-6.1.50.1

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