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Justinian I · The Digest of Justinian §10.4.14.pr

Disposal of Donated Coins and the Action for Production

Passage 1740 of 9271 · Latin

Summary

A husband who paid for a purchase using coins given by his wife, knowing they were not his, is deemed to have maliciously parted with possession and remains liable to the action for production.

[POMPONIUS libro quarto decimo ad Sabinum. ] §10.4.14.prSi uir nummos ab uxore sibi donatos, sciens suos factos non esse, pro re empta dederit, dolo malo fecit quo minus possideat et ideo ad exhibendum actione tenetur.
[POMPONIUS from the fourteenth book on Sabinus.] a husband, knowing that the coins donated to him by his wife had not become his own, has given them as payment for a thing bought, he has acted with malicious intent to avoid possessing them, and therefore is liable to the action for production.

Notes

  1. §10.4.14.prsciens suos factos non esse — The accusative subject nummos is understood after suos, forming an accusative with infinitive clause dependent on the participle sciens (agreeing with uir). Since donations between husband and wife were prohibited under Roman law, the husband did not acquire ownership, meaning they had not become his.
  2. §10.4.14.prfecit quo minus possideat — The construction fecit quo minus with the subjunctive possideat means "he acted so that he would not possess." This refers to the husband intentionally (with malicious intent) parting with the possession of the coins to avoid the action for production. Under Roman law, one who maliciously ceases to possess is treated as still possessing for the purpose of liability.

Cite this passage

Justinian I, The Digest of Justinian §10.4.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.4.14.pr

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