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Justinian I · The Digest of Justinian §10.4.17.pr

Production of an Injured Slave and the Aquilian Action

Passage 1743 of 9271 · Latin

Summary

Ulpian discusses that if a slave is produced in a disabled or blinded state, the defendant should be acquitted regarding the action for production, but the plaintiff can still sue for the physical damage under the Aquilian law.

[ULPIANUS libro nono de omnibus tribunalibus. ] §10.4.17.prSi quis hominem debilitatum exhibeat uel eluscatum, ad exhibendum quidem absolui debet: exhibuit enim et nihil impedit directam actionem talis exhibitio: poterit tamen agere actor ex lege Aquilia de hoc damno.
[ULPIANUS, from the ninth book on all tribunals.] If anyone should produce a disabled or one-eyed slave, he ought indeed to be acquitted with respect to the action for production; for he did produce him, and such production in no way blocks the direct action. The plaintiff, however, will be able to bring an action under the Aquilian law for this damage.

Notes

  1. §10.4.17.prhominem — In Roman law, the noun homo (human being) is frequently used to designate a "slave" as a legal object. In this context, it refers to a slave whose body has been damaged, allowing the owner to claim damages under the Aquilian law.
  2. §10.4.17.prdirectam actionem — The action for production (actio ad exhibendum) serves as a preparatory step for the main action. Therefore, the "direct action" (directa actio) here refers to the principal lawsuit (typically rei uindicatio) brought to claim the produced object (the slave) itself.

Cite this passage

Justinian I, The Digest of Justinian §10.4.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.4.17.pr

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