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Justinian I · The Digest of Justinian §11.1.7.pr

Liability for Animal Damage by Admitting Ownership

Passage 1753 of 9271 · Latin

Summary

Explains that a person who, upon interrogation in court, answers in the affirmative that a damage-causing four-footed animal belongs to him, is held liable for that damage.

[IDEM libro octauo decimo ad edictum. ] §11.1.7.prSi quis in iure interrogatus, an quadrupes quae pauperiem fecit eius sit, responderit, tenetur.
[THE SAME, from the eighteenth book on the Edict.] If anyone, being interrogated in court as to whether a four-footed animal which caused damage is his, answers [that it is], he is held liable.

Notes

  1. §11.1.7.prresponderit — Perfect active subjunctive (or future perfect indicative). Here it does not mean merely "gave any answer," but specifically "answered in the affirmative" (i.e., admitting that the animal belonged to him). By this affirmative response, he is held liable (tenetur) for the damage (pauperies) caused by the animal, such as under a noxal action.
  2. §11.1.7.prpauperiem — A specific legal term in Roman law referring to the damage (pauperies) caused by a quadruped contrary to its natural disposition (without reason). In this case, the owner is subject to alternative liability: either to compensate for the damage or to surrender the animal (noxae deditio).

Cite this passage

Justinian I, The Digest of Justinian §11.1.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.1.7.pr

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