- 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-lat1:9.2.13.pr-9.2.13.3
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-15
The passage discusses the availability of actions under the Lex Aquilia for injuries to free men, the liability of a free man serving in good faith, and the attribution of the action when a slave belonging to an inheritance or a bequeathed slave is killed.
[ULPIANUS libro octauo decimo ad edictum.]
[ULPIAN, from the eighteenth book on the Edict.]
Liber homo suo nomine utilem Aquiliae habet actionem: directam enim non habet, quoniam dominus membrorum suorum nemo uidetur.1 fugitiui autem nomine dominus habet.
A free man has an analogous action under the Lex Aquilia in his own name; for he does not have a direct action, since no one is deemed to be the owner of his own limbs. But on account of a runaway slave, the owner has the action.
Iulianus scribit, si homo liber bona fide mihi seruiat, ipsum lege Aquilia mihi teneri.
Julian writes that if a free man serves me in good faith, he himself is liable to me under the Lex Aquilia.
Si seruus hereditarius occidatur, quaeritur, quis Aquilia agat, cum dominus nullus sit huius serui. et ait Celsus legem domino damna salua esse uoluisse: dominus ergo hereditas habebitur. quare adita hereditate heres poterit experiri.
If a slave belonging to an inheritance is killed, the question arises as to who may bring the action under the Lex Aquilia, since there is no owner of this slave. And Celsus says that the law wished losses to be made good to the owner; therefore, the inheritance will be regarded as the owner. Hence, once the inheritance has been accepted, the heir will be able to bring the action.
Si seruus legatus post aditam hereditatem sit occisus, competere legis Aquiliae actionem legatario, si non post mortem serui adgnouit legatum:2 quod si repudiauit, consequens esse ait Iulianus dicere heredi competere.
Julian says that if a bequeathed slave is killed after the acceptance of the inheritance, the action under the Lex Aquilia is available to the legatee, provided that he did not fail to accept the legacy after the death of the slave; but if he rejected it, it follows that the action is available to the heir.
- 9.2.13.prdominus membrorum suorum nemo uidetur
The legal principle that "no one is deemed to be the owner of his own limbs." Because a free person's body is not property (res), a direct action (actio directa) under the Lex Aquilia, which addresses damage to property, cannot be brought. However, an analogous action (actio utilis) is granted to allow recovery for medical expenses and lost earnings.
- 9.2.13.3si non post mortem serui adgnouit legatum
A double negative construction in the manuscripts: "provided that he did not fail to accept the legacy after the death of the slave." If the legatee accepts (or does not reject) the legacy even after the slave's death, the legacy's effect retroacts to the moment the inheritance was accepted. Thus, the ownership is deemed to have been with the legatee at the time of the killing, granting him the Aquilian action. Some editors emend the phrase to "si modo..." (provided that...) or "si non... repudiauit" (if he did not reject...), but the substantive legal interpretation remains the same.