- 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-lat1:9.1.2.pr-9.1.2.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-15
This section explains that the action for pauperies is available not only to the owner but also to those with an interest such as borrowers or fullers who are liable for the object, and discusses the liability for injuries caused by a dog inside a tavern depending on whether it was tied or untied.
[PAULUS libro uicensimo secundo ad edictum.]
[PAULUS, from the twenty-second book on the Edict.]
Haec actio non solum domino, sed etiam ei cuius interest competit, ueluti ei cui res commodata est, item fulloni, quia eo quod tenentur1 damnum uidentur pati.
This action is available not only to the owner, but also to anyone who has an interest, such as a person to whom a thing has been commodated, and likewise to a fuller, because by the fact that they are held liable, they are deemed to suffer the damage.
Si quis aliquem euitans, magistratum forte, in taberna proxima se immisisset ibique a cane feroce laesus esset, non posse agi canis nomine2 quidam putant: at si solutus fuisset, contra.3
If someone, avoiding another person, perhaps a magistrate, had rushed into a nearby tavern and had been injured there by a ferocious dog, some think that an action cannot be brought in the name of the dog; but if it had been untied, the contrary is true.
- 9.1.2.preo quod tenentur
The pronoun eo is a neuter ablative singular acting as the antecedent to the following quod clause, expressing the cause or means ('by the fact that...'). The verb tenentur indicates that the borrowers or fullers are contractually liable (e.g., for custody) to the owner. Because of this liability, they are deemed to suffer the damage themselves (damnum pati), giving them standing (interest) to bring the action.
- 9.1.2.1non posse agi canis nomine
An accusative-and-infinitive (A.C.I.) construction dependent on the main verb quidam putant ('some think'). The verb agi is a passive present infinitive used impersonally to mean 'an action to be brought'. The phrase canis nomine ('in the name of the dog') refers to bringing the noxal action for pauperies caused by the dog.
- 9.1.2.1at si solutus fuisset, contra
An elliptical conditional sentence. The subject of solutus fuisset (pluperfect subjunctive passive third person singular) is the dog (canis) from the preceding sentence, meaning 'if it had been let loose'. The adverb contra ('on the contrary') elliptically expresses the opposite of the previous conclusion, meaning that the action could be brought (posse agi) in this case.