Humanitext Reader

Justinian I · The Digest of Justinian §11.6.7.pr-11.6.7.4

Extension of Action for Deception to Architects and Accountants

Passage 1803 of 9271 · Latin

Summary

Ulpian discusses the precedent and reasons why the action for deception by a surveyor should be extended to non-surveyors who deceive regarding measurements, as well as to architects, contractors, and bookkeepers.

[ULPIANUS libro uicensimo quarto ad edictum. ] §11.6.7.pruel cuius alterius rei, tenebitur.
[ULPIAN, from the twenty-fourth book on the Edict.] or [of the dimensions] of any other thing, he will be held liable.
§11.6.7.1Et si mensor machinarius fefellerit, haec actio dabitur.
And if a mechanical surveyor has deceived, this action will be granted.
§11.6.7.2Nec non illud quoque Pomponius dicit etiam in eum, qui mensor non fuit, fefellit tamen in modo, competere hanc actionem.
Moreover, Pomponius also says this, that this action is available even against him who was not a surveyor but nevertheless deceived in the measurement.
§11.6.7.3Hoc exemplo etiam aduersus architectum actio dari debet qui fefellit: nam et diuus Seuerus aduersus architectum et redemptorem actiones dandas decreuit.
By this example, an action ought to be granted also against an architect who has deceived; for the deified Severus also decreed that actions should be granted against an architect and a contractor.
§11.6.7.4Ego etiam aduersus tabularium puto actiones dandas, qui in computatione fefellit.
I think that actions should be granted also against a bookkeeper who has deceived in calculation.

Notes

  1. §11.6.7.prcuius alterius rei — Genitive phrase. Connected to the accusative nouns (land, beam, stone) and the ablative gerund `metiendo` (by measuring) in the preceding section (11.6.6.pr). It functions as a genitive of specification or objective genitive indicating the object of measurement.
  2. §11.6.7.2competere — Infinitive in the accusative-with-infinitive (AcI) construction introduced by the verb of saying `dicit`. Its subject accusative is `hanc actionem` (this action). In legal terminology, `competere` means "to lie" or "to be available" against someone.
  3. §11.6.7.3actiones dandas — An accusative-with-infinitive (AcI) construction serving as the object of the verb `decreuit`, forming a passive periphrastic infinitive with `esse` omitted (the gerundive of obligation `dandas` + `esse`). It expresses that "actions ought to be granted" as the content of the imperial decree.

Cite this passage

Justinian I, The Digest of Justinian §11.6.7.pr-11.6.7.4. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.6.7.pr-11.6.7.4

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