- 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-lat1:9.4.41.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-15
This section explains that when a common slave causes damage or commits theft against one of his owners, an action under the Lex Aquilia or for theft does not lie, but the matter should be resolved through an action for division of common property.
[IDEM libro secundo ad Urseium Ferocem.]
[THE SAME, Book II on Urseius Ferox.]
Cum seruus communis alteri dominorum damnum iniuria dedit, idcirco legis Aquiliae actio non est, quia, si extraneo damnum dedisset, cum altero in solidum lege Aquilia agi posset:1 sicuti, cum seruus communis furtum fecerit, cum altero domino furti agi non potest, sed communi diuidundo2 agi potest.
When a common slave has unlawfully caused damage to one of his masters, an action under the Lex Aquilia does not lie for that reason, because, if he had caused damage to a stranger, an action under the Lex Aquilia could have been brought against the other master for the whole amount; just as, when a common slave has committed a theft, an action for theft cannot be brought against the other master, but an action for division of common property can be brought.
- 9.4.41.pragi posset
A combination of the passive infinitive agi used impersonally and the imperfect subjunctive posset (from posse). Together with dedisset (pluperfect subjunctive) in the si-clause, it forms a contrary-to-fact conditional sentence, meaning "(an action) could have been brought."
- 9.4.41.prcommuni diuidundo
The ablative of the adjective communis and the gerundive of dividere. The noun iudicio (action, judgment) is ellipted, and the phrase means "by an action for the division of common property (actio communi dividundo)." The ablative case alone functions here to express the means ("by means of").