← Justinian I

The Digest of Justinian

§9.2.20.pr

Action in Proportion to Share for Harm to a Common Slave

Clarifies that in the case where a common slave is killed or injured, the co-owner who brings the action can only do so in proportion to their own share.

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[IDEM libro quadragensimo secundo ad Sabinum.]

[THE SAME, from the forty-second book on Sabinus.]

§9.2.20.pr

​scilicet pro ea parte, pro qua dominus est qui agat.1

​Of course, in proportion to that share in respect of which the person who sues is the owner.

Syntax notes1 item
  1. 9.2.20.prpro qua dominus est qui agat

    The clause 'qui agat' is a relative clause with the antecedent 'is' omitted, serving as the subject of 'dominus est'. The subjunctive 'agat' is a subjunctive of characteristic, designating the person who brings the action. The relative 'qua' refers back to 'parte', meaning 'in proportion to that share (pro ea parte) in respect of which the one who sues is the owner'.

Translated by Gemini 3.5 Flash (published 2026-07-12)
  • en retranslated with Gemini 3.5 Flash on 2026-07-13
urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.2.20.pr