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Justinian I · The Digest of Justinian §11.3.10.pr

Corrupter's Liability for Property Taken by the Slave

Passage 1780 of 9271 · Latin

Summary

It is explained that the valuation of things taken by the slave is included in the damages, and the instigator of the delict (the corrupter) must be held liable, regardless of where the things ended up or whether they were consumed.

[PAULUS libro nono decimo ad edictum. ] §11.3.10.prIn hoc iudicium etiam rerum aestimatio uenit, quas secum seruus abstulit, quia omne damnum duplatur, neque intererit, ad eum perlatae fuerint res an ad alium siue etiam consumptae sint: etenim iustius est eum teneri, qui princeps fuerit delicti, quam eum quaeri, ad quem res perlatae sunt.
[PAULUS, from the nineteenth book on the Edict.] In this judgment is also included the valuation of the things which the slave carried away with him, because every damage is doubled; and it will make no difference whether the things were brought to him or to another, or even if they have been consumed. For indeed, it is more just that he who was the instigator of the delict be held liable, than that he to whom the things were brought be sought after.

Notes

  1. §11.3.10.prad eum — The pronoun 'eum' (accusative) refers to the corrupter (corruptor) from the context of the preceding section (§11.3.9). It indicates that the corrupter is held fully liable regardless of whether the stolen goods actually reached him or not.
  2. §11.3.10.priustius est eum teneri ... quam eum quaeri — This is an impersonal construction with the comparative 'iustius', comparing two accusative-with-infinitive (A.C.I.) clauses: 'eum teneri...' (that the instigator be held liable) and 'eum quaeri...' (that the recipient of the things be sought after), connected by 'quam'. Each accusative subject 'eum' is modified by a relative clause ('qui...' and 'ad quem...').

Cite this passage

Justinian I, The Digest of Justinian §11.3.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.3.10.pr

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