- 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-lat1:4.9.7.pr-4.9.7.6
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
This section outlines the scope and exceptions of a ship operator's liability for the conduct of their sailors, the allocation of liability among joint operators, and the full liability of a father or master when a son or slave manages the business.
[ULPIANUS libro octauo decimo ad edictum.]
[ULPIANUS in his eighteenth book on the Edict.]
Debet exercitor omnium nautarum suorum, siue liberi sint siue serui, factum praestare: nec immerito factum eorum praestat, cum ipse eos suo periculo adhibuerit. sed non alias praestat, quam si1 in ipsa naue damnum datum sit: ceterum si extra nauem licet a nautis, non praestabit. item si praedixerit, ut unusquisque uectorum res suas seruet neque damnum se praestaturum, et consenserint uectores praedictioni, non conuenitur.
A ship operator must answer for the conduct of all his sailors, whether they are free persons or slaves; and it is not without reason that he answers for their conduct, since he himself employed them at his own risk. But he does not answer otherwise than if the damage was caused on the ship itself; for the rest, if it was caused outside the ship, even if by the sailors, he will not answer. Likewise, if he has declared beforehand that each of the passengers should keep his own things and that he will not make good any damage, and the passengers have consented to this declaration, he is not sued.
Haec actio in factum in duplum est.
This action on the facts is for double the amount.
Sed si quid nautae inter se damni dederint, hoc ad exercitorem non pertinet. sed si quis sit nauta et mercator, debebit illi dari: quod si quis quos uolgo ναυτεπιβάτακ2 dicunt, et huic tenebitur, sed huius factum praestat, cum sit et nauta.
But if sailors cause any damage to one another, this does not concern the ship operator. But if someone is both a sailor and a merchant, the action must be granted to him; but if there is someone whom they commonly call nauteuibatae, the operator will be liable to him, but he also answers for this person’s conduct, since he is also a sailor.
Si seruus nautae damnum dederit, licet seruus nauta non sit, aequissimum erit in exercitorem actionem utilem dare.
If a sailor’s slave causes damage, even though the slave is not a sailor, it will be most equitable to grant a useful action against the ship operator.
Hac autem actione suo nomine exercitor tenetur, culpae scilicet suae qui tales adhibuit: et ideo et si decesserint,3 non releuabitur. seruorum autem suorum nomine noxali dumtaxat tenetur: nam cum alienos adhibet, explorare eum oportet, cuius fidei, cuius innocentiae sint: in suis uenia dignus est, si qualesquales ad instruendam nauem adhibuerit.
Moreover, by this action the ship operator is held liable in his own name, namely for his own fault in employing such persons; and therefore, even if they have died, he will not be released. But on account of his own slaves, he is held liable only to a noxal action; for when he employs those of others, he ought to investigate what their reliability and innocence are, whereas in the case of his own, he is worthy of allowance, whatever their character, if he employed them to equip the ship.
Si plures nauem exerceant, unusquisque pro parte, qua nauem exercet, conuenitur.
If several persons operate a ship, each is sued in proportion to the share in which he operates the ship.
Haec iudicia quamuis honoraria sunt, tamen perpetua sunt: in heredem autem non dabuntur. proinde et si seruus nauem exercuit et mortuus est, de peculio non dabitur actio4 in dominum nec intra annum. sed cum uoluntate patris uel domini seruus uel filius exercent nauem uel cauponam uel stabulum, puto etiam hanc actionem in solidum eos pati debere,5 quasi omnia, quae ibi contingunt, in solidum receperint.
Although these actions are honorarian, they are nevertheless perpetual; however, they will not be granted against an heir. Therefore, even if a slave operated the ship and died, an action concerning the peculium will not be granted against the master, not even within a year. But when a slave or a son operates a ship, an inn, or a stable with the consent of the father or master, I think that they too ought to suffer this action for the whole, as if they had received everything that happens there for the whole.
- 4.9.7.prnon alias praestat, quam si
A correlative construction expressing a strict limitation, meaning "he does not answer under any other condition than if..." or "only if...".
- 4.9.7.2ναυτεπιβάτακ
A manuscript corruption of the Greek word ναυτεπιβάτας, which refers to passengers who also assist or work as sailors. The final letter 'ς' was misread or written as 'κ'.
- 4.9.7.4decesserint
Third-person plural subjunctive perfect (or future perfect). The subject is the sailors (tales) mentioned in the preceding clause. Because the operator's liability is based on his own fault in employing them (culpa in eligendo) and brought in his own name, the death of the actual wrongdoers does not release him.
- 4.9.7.6de peculio non dabitur actio
This states an exception to the general rule: while normally an action concerning the peculium (actio de peculio) could be brought against the master within one year after the slave's death, under these circumstances it is completely denied even within that year.
- 4.9.7.6eos pati debere
The accusative subject "eos" in the accusative-with-infinitive construction refers back to "patris uel domini" (the fathers or masters) in the preceding clause, serving as the subject of "pati debere" (ought to suffer/undergo).