[Novellae constitutiones]

the goods are to be sold by subhastation original: "subhastatione" - a Roman method of public auction using a spear as a symbol of authority, with the treasury as the guarantor, so that the ownership rights remain with those to whom the treasury has assigned these goods by the judgment of a formal auction. Indeed, if it should be obtained by the authority of a rescript original: "rescripti" - an imperial decree or answer to a legal petition that a sale made by the treasury could be overturned, no one would comply. Since in the case of minors, if at any time something is adjudged to buyers from their pre-fiscal goods, even if they were owed, the right of recovery is intercepted for all ages.

You should declare: you who wish to buy, and note that the adiectio additional offer/bid must be done once, as Digest on letting and hiring, proemium, law 2; in the end, say the debtor who defaults is verax truthful/justified, as Digest on letting and hiring, proemium, congruit it is appropriate, and Digest on the day of additional bidding, although... Let it be admitted: to the owner, so that ownership is applied, as Digest on the alienation of property, law 1, in the end. But what if the same person who had bought it previously had obtained it by bidding? In that case, he shall restore to the treasury the fruits perceived in the intermediate time just as if another had obtained it by bidding, unless both the first sale and the second additional bid were made before the perception of the fruits, and unless they were perceived by the tenant. For in the first case, the buyer will have those fruits, but in the second, the tenant will give the payment to the buyer, as Digest on the law of the treasury, law final; and in the first case, the buyer receives the pension for that year, lest the treasury be held accountable to the tenant, as noted in the said law, Digest on the law of the treasury, last law.

Money: bona goods or bodies original: "corpa" - corporeal property to be placed for sale, and he holds licitanda to be sold by competitive bidding, that is, to be sold under a certain bid; for one ought to give to the one offering more, as above on the sanctity of churches, in the Authenticum a collection of Justinian's legal codes on the law extended. Prodigal: that is, of foodstuffs, for prodigus spendthrift of the spendthrifts, and in the more rational sense, the prodigae wasteful things, that is, food for himself; and thus say prodigorum of the spendthrifts, that is, of the food supply, by which one says the first days they consume, that is, they use up, as Digest on the office of the praetor, law "by plebiscite," had administered, which even badly, the food supply of the administrators or spendthrifts to whom it is forbidden to manage their goods, as in the Institutes to whom it is not permitted to make a will, paragraph "also the prodigal," and the rest are called their food supplies, which are for the most part provided by the treasury, as above on the sanctity of churches, law "privileges," and on public works, law 3. He who suffers the sale of his own goods has administered them badly. Perpetually: this acts paragraph same, law of the caput, and say "pledge," law 1, and paragraph "certain," law final, paragraph "everything," Digest on the law of the treasury, law of estates, paragraph "so," there the sale was made for taxes, or because of bad administration, or other debt from a contract or crime... He has adjudged: that is, he sells in the present, concerning the thing judged, from the divine [Emperor], which is had afterward.

Concerning sales of fiscal goods with individuals in common

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henever a portion of a thing belongs to the treasury or to me, so that all of it is sold by my procurators, only a part of the price is to be gathered into the treasury, and the remaining price is to be restored to the owners. The form is this: therefore, let the buyer of the estates about which you gave the petition be summoned before his own judge, with defenses if any apply to you.

That the treasury may not evict a thing it has sold.

Whenever: forums, or at least, or even the community, otherwise as for the community, indeed it is allowed for the treasury to sell its part, as Digest above on the alienation of sacred things, law 2. But what if the treasury has no part and sells? If it is the treasury's property or credit, immediately the buyer is secure, as above on certain things in prescription, law final; or if it knew it belonged to another, it does not prejudice the owner, for if it does not prejudice [the owner] because it has a part, as Digest above in cases where it does not have it, it does not prejudice. Also, Master, this law applies when it cannot be conveniently divided. And certainly it speaks indistinctly; this is to be understood as follows, as Digest on publicans, law "on the agreement," and add the distinction as noted above, on the sanctity of churches, in family, to the treasury it is to be paid, this part is gathered only. Let it be gathered: the whole [goes] to the treasury so that it may have it irrevocably, and it renders another in its place. But it implies the word "restore" and the word "gather," and the nature of the contract is thus, so that in subsidy, when it cannot have the thing, it will have the valuation and act by the actio negotiorum gestorum action for unauthorized management of business against the treasury to [recover] the price, as above on the alienation of things, "not alienated," law 1, not the thing, as above where it is in the real action. Let it be restored: the remaining price, law 1 and law final. Concerning which: namely, the estates, as above on the whole thing. Judge: because the plaintiff follows the forum of the thing, law "not," and above in the beginning. Apply: because it truly applies to this law.

Obedience: against the law or from whence, public, law final, Accursius notes. Intercepted: even to a minor's age, this [law] which does not aid the minor by special law when the treasury sells his thing for debts, otherwise if the treasury believes it to be its own, as also above against the treasury, law 1, final. But say this is true if the tutor or curator was quiet, as above on these same, law final.

paragraph "against," in on the family of the paterfamilias, law 2. Solution: as it is there.

[The goods] are to be held as having been operated upon from the perception of the fruits; for it is so commonly held that they do not suffer from the outside an injury of the remaining fiscal [goods] by name of any agreement.

Who prescribes: in that he takes [it] because of fiscal debt and defends, as say, "publicly placing [it] for sale," as above on the distribution of pledges, law 1, "the creditor," Accursius notes. Of debtors: who had defaulted in payment, and therefore their goods were sold. Auctions: that is, on the days in which it stood publicly for sale, as in the Authenticum, "this law extended," as say auctions occurring, that is, you make in subhastations.

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ho prescribes: The same one holding and selling, if [someone] has purchased the rights of the debtors of the treasury, they are subject to the temporary [burden] of those things which it appeared were [exposed] after the auctions had run their course...

Agreement: not if [it is] to the price, as he said above on the treasury, law "proemium" and 1, paragraph "estate," but in an abandoned field which is assigned to a new possessor, as Digest on censors, law final, paragraph "against," Digest on the law of the treasury, law "estates," paragraph "o." There the sale was made for taxes, because of bad administration or other debt from contract or crime... thus place it, Digest above on the law of the treasury, law final. "Not of," law 1; and it is special in the treasury, unlike in another who does not, unless he believes it is his own, and immediately...