- 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-lat1:9.4.36.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-15
A buyer of a pledged slave from a debtor is liable for theft once ownership is acquired, even if the slave may later be recovered. The same applies to buyers from minors or those acting in fraud of creditors; they remain subject to suit in the meantime.
[IDEM libro trigensimo septimo ad edictum.]
[THE SAME, on the Edict, Book XXXVII.]
Si quia1 seruum pigneratum, deinde a debitore subreptum emerit a debitore, nomine eius furti tenebitur dominio serui adquisito,2 nec oberit, quod Seruiana3 potest ei4 homo auocari. idemque et si a minore quis uiginti quinque annis emerit uel in fraudem creditorum sciens:5 hi enim, quamuis auferri eis dominium possit, interim tamen conueniendi sunt.
If someone buys from a debtor a slave who has been pledged and then stolen by the debtor, he will be held liable for theft on his〔the slave’s〕account, once the ownership of the slave has been acquired; and it will not be an obstacle that the slave can be recovered from him by the actio Serviana. The same applies also if someone buys from a person under twenty-five years of age, or knowingly in fraud of creditors; for these persons, although ownership can be taken away from them, must nevertheless in the meantime be sued.
- 9.4.36.prSi quia
The word 'quia' in the manuscripts is commonly emended to 'quis' ("someone"). If kept as 'quia' ("because"), it would introduce a causal clause, but one would still need to supply a subject for the verb 'emerit'.
- 9.4.36.prdominio serui adquisito
Ablative absolute construction (noun 'dominio' + past participle 'adquisito'), expressing a condition or cause ("once the ownership of the slave has been acquired").
- 9.4.36.prSeruiana
The feminine noun 'actio' is implied (actio Serviana). It refers to the Servian action, a real action by which a pledgee could recover possession of the pledged property from any possessor, including third-party buyers.
- 9.4.36.prei
Dative of separation with the verb 'auocari' ("to be taken away"), meaning "from him" (the buyer).
- 9.4.36.prsciens
Present participle in the nominative case, functioning predicatively to modify the subject 'quis' (the buyer), meaning "knowingly" or "with knowledge (that it is in fraud of creditors)".
Translated by Gemini 3.5 Flash (published 2026-07-12) · Revisions to the English translation and the original (1, latest 2026-11-15)
- 2026-11-15 AI review — translation 1