- 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-lat1:9.4.8.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-15
This section discusses the joint and several liability of co-owners when a common slave commits a wrong, explaining the requirements for full surrender, recourse actions, and the legal implications of surrendering a share.
[IDEM libro trigensimo septimo ad edictum.]
[THE SAME, Book 37 on the Edict]
Si seruus communis furtum fecerit, quiuis ex dominis in solidum1 noxali iudicio tenetur: eoque iure utimur. sed non alias poterit is qui conuentus est euadere litis aestimationem, nisi in solidum noxae dederit seruum, nec ferendus est, si partem dedere fuerit paratus. plane si propter hoc, quod socii dedere parati non fuerint, in solidum fuerit condemnatus, communi diuidundo uel familiae erciscundae iudicio aduersus eos experietur. ante noxale sane iudicium acceptum2 poterit sua parte cedendo securitatem consequi, ne necesse habeat suscipere iudicium: quamquam quis possit dicere euenire, ut, dum pars eiue data amittat actionem:3 dominus enim pro parte factus non potest cum socio noxali experiri. fortassis nec communi diuidundo agere possit eius maleficii nomine, quod ante communionem admissum est: quod si non potest, euidenti iniuria adficietur. sed melius est dicere, competere ei communi diuidundo iudicium.
If a common slave commits a theft, any of the owners is held liable in full in a noxal action; and this is the rule we apply. But the one who has been sued cannot escape the assessment of the suit in any other way than by surrendering the slave in full as a noxal surrender, nor is he to be tolerated if he is prepared to surrender only his share. Clearly, if he has been condemned in full because his partners were not prepared to make the surrender, he shall take proceedings against them by the action for dividing common property or for dividing an inheritance. To be sure, before the noxal action is accepted, he can secure his release by surrendering his own share, so that he does not have to undertake the trial; although someone might say that it happens that, when the share is given to the plaintiff, he loses his action: for one who has become an owner in part cannot proceed in a noxal action against his partner. Perhaps he cannot even bring an action for dividing common property on account of a wrongdoing committed before the co-ownership began; and if he cannot, he will suffer an obvious injustice. But it is better to say that the action for dividing common property is available to him.
- 9.4.8.prin solidum
A technical legal expression meaning "in full" or "for the whole amount." It indicates that when a common slave commits a wrong, any of the co-owners is individually liable to the victim for the entire amount of damages (or the surrender of the whole slave).
- 9.4.8.prante noxale sane iudicium acceptum
A construction where the preposition ante governs the accusative noun iudicium and the perfect passive participle acceptum (the so-called "ab urbe condita" construction), meaning "before the noxal action is accepted (reaches joinder of issue)." iudicium accipere is a legal term referring to agreeing to the joinder of issue (litis contestatio).
- 9.4.8.preuenire, ut, dum pars eiue data amittat actionem
euenire ("to happen") functions as an impersonal verb taking an ut-clause with the subjunctive amittat. Although this passage is highly corrupted in manuscripts, it describes the legal consequence: by the defendant transferring his share (pars) to the plaintiff (ei), the plaintiff becomes a co-owner (socius), and consequently, the plaintiff's action is lost (amittat actionem).