[ULPIANUS libro uicensimo tertio ad edictum. ] §11.3.9.prSi quis seruum communem meum et suum corruperit, apud Iulianum libro nono digestorum quaeritur, an hac actione teneri possit, et ait teneri eum socio: praeterea poterit et communi diuidundo et pro socio, si socii sint, teneri, ut Iulianus ait.
[ULPIANUS, from the twenty-third book on the Edict.] If anyone corrupts a slave owned in common by me and himself, it is asked in Julian, in the ninth book of the Digests, whether he can be held liable under this action, and he says that he is held liable to his partner; moreover, he can be held liable both by the action for dividing common property and by the action on partnership, if they are partners, as Julian says.
sed cur deteriorem facit Iulianus condicionem socii, si cum socio agat, quam si cum extraneo agit? nam qui cum extraneo agit, siue recepit siue corruperit agere potest, qui cum socio, sine alternatione, id est si corrupit.
But why does Julian make the condition of a partner worse if he sues his partner than if he sues a stranger? For he who sues a stranger can sue whether the stranger received or corrupted the slave, but he who sues his partner, without alternative, that is, only if he corrupted him.
nisi forte non putauit Iulianus hoc cadere in socium: nemo enim suum recipit.
Unless perhaps Julian thought that this does not apply to a partner: for no one receives his own property.
sed si celandi animo recepit, potest defendi teneri eum.
But if he received him with the intention of concealing him, it can be maintained that he is held liable.
§11.3.9.1Si in seruo ego habeam usum fructum, tu proprietatem, si quidem a me sit deterior factus, poteris mecum experiri, si tu id feceris, ego agere utili actione possum; ad omnes enim corruptelas haec actio pertinet et interesse fructuarii uidetur bonae frugi seruum esse, in quo usum fructum habet.
If I have the usufruct in a slave, and you have the ownership, if indeed he is made worse by me, you will be able to proceed against me; if you have done it, I can sue by an analogous action; for this action pertains to all corruptions, and it seems to be in the interest of the usufructuary that the slave in whom he has the usufruct be of good character.
et si forte alius eum receperit uel corruperit, utilis actio fructuario competit.
And if perhaps someone else has received or corrupted him, an analogous action is available to the usufructuary.
§11.3.9.2Datur autem actio quanti ea res erit eius dupli.
Moreover, the action is granted for double the value of the matter.
§11.3.9.3Sed quaestionis est, aestimatio utrum eius dumtaxat fieri debeat, quod seruus in corpore uel in animo damni senserit, hoc est quanto uilior seruus factus sit, an uero et ceterorum.
But it is a matter of question whether the valuation ought to be made only of that damage which the slave has suffered in body or mind, that is, by how much less valuable the slave has been made, or indeed of other things as well.
et Neratius ait tanti condemnandum corruptorem, quanti seruus ob id, quod subpertus sit, minoris sit.
And Neratius says that the corrupter is to be condemned in as much as the slave is worth less on account of having been corrupted.