- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.5.35.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-06
It is discussed which action is applicable when a free man, serving another while erroneously believing himself to be a slave, takes a loan and applies it to the benefit of the master, and it is concluded that the action for management of affairs should be granted.
[PAULUS libro quarto quaestionum.]
[PAULUS, Questions, Book IV]
Si liber homo bona fide mihi seruiens1 mutuam pecuniam sumpserit eamque in rem meam uerterit,2 qua actione id, quod in rem nostram uertit, reddere debeam, uidendum est: non enim quasi amici, sed quasi domini3 negotium gessit. sed negotiorum gestorum actio danda est: quae desinit competere, si creditori eius soluta sit.
If a free man, serving me in good faith, has taken a loan of money and turned it to my advantage, it must be considered by what action I ought to return what was turned to our (meaning my) advantage; for he did not manage the affair as that of a friend, but as that of a master. But the action for management of affairs must be granted; which ceases to be available if payment has been made to his creditor.
- 3.5.35.prliber homo bona fide mihi seruiens
A 'free man serving me in good faith' refers to a person who is actually free but, under the erroneous belief that he is a slave, serves another. The participle 'seruiens' modifies 'liber homo' attributively.
- 3.5.35.prin rem meam uerterit
The phrase 'in rem uertere' is a Roman law technical term meaning 'to apply to another's property or benefit.' In the subsequent clause 'id, quod in rem nostram uertit', the plural possessive adjective 'nostram' ('our') is used in place of the singular 'meam' ('my') to refer to the interest of the single speaker.
- 3.5.35.prnon quasi amici, sed quasi domini
Both genitives 'amici' and 'domini' modify 'negotium'. Since the free man mistakenly believed himself to be a slave, he acted not with the intention of managing the 'affair of a friend' (on equal terms) but with the intention of managing the 'affair of a master' (based on a master-slave relationship). This discrepancy in subjective intention raises the question of whether the standard action for management of affairs is applicable.