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Justinian I · The Digest of Justinian §6.1.72.pr

Sale of Another's Property and Subsequent Inheritance

Passage 1143 of 9271 · Latin

Summary

Ulpian explains that if someone purchases another's land and receives delivery, and subsequently the seller inherits the land from the true owner and sells it to another person, the first buyer is preferred, supported by the logic of exception and replication.

[ULPIANUS libro sexto decimo ad edictum. ] §6.1.72.prSi a Titio fundum emeris Sempronii et tibi traditus sit pretio soluto, deinde Titius Sempronio heres extiterit et eundem alii uendiderit et tradiderit, aequius est, ut tu potior sis.
[ULPIANUS in the sixteenth book on the Edict.] If you buy from Titius a tract of land belonging to Sempronius, and it is delivered to you after the price has been paid, and then Titius becomes the heir to Sempronius and sells and delivers the same land to another, it is more equitable that you should have the prior right.
nam et si ipse uenditor eam rem a te peteret, exceptione eum summoueres. sed et si ipse possideret et tu peteres, aduersus exceptionem dominii replicatione utereris.
For even if the seller himself were to claim the property from you, you would bar him by an exception; and moreover, if he himself were in possession and you were to claim it, you would use a replication against his exception of ownership.

Notes

  1. §6.1.72.premeris — These verbs (emeris, extiterit, uendiderit, tradiderit) appear in the protasis (si-clause) as future perfect indicative or perfect subjunctive, establishing a series of hypothetical events prior to the main clause (aequius est).
  2. §6.1.72.prpeteret ... summoueres — The imperfect subjunctive verbs (peteret, summoueres, possideret, peteres, utereris) form counterfactual conditionals, illustrating the hypothetical effect of legal remedies (exception and replication) if the seller himself were to bring a lawsuit or if the buyer had to sue.

Cite this passage

Justinian I, The Digest of Justinian §6.1.72.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.72.pr

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