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Justinian I · The Digest of Justinian §12.1.13.pr-12.1.13.2

Claims from Consumed Money and Loans by Co-owners

Passage 1868 of 9271 · Latin

Summary

This section explains that when another's money or stolen money is handed over as a loan, a personal action for recovery (condictio) arises once it is consumed, and that in loans made by a common slave or with common money, co-owners obtain claims in proportion to their shares.

[ULPIANUS libro uicensimo sexto ad edictum. ] §12.1.13.prNam et si fur nummos tibi credendi animo dedit, accipientis non facit, sed consumptis eis nascitur condictio.
[ULPIANUS, On the Edict, Book 26] For even if a thief has given you money with the intention of making a loan, he does not make it the property of the recipient, but when it is consumed, a personal action for recovery arises.
§12.1.13.1Unde Papinianus libro octauo quaestionum ait: si alienos nummos tibi mutuos dedi, non ante mihi teneris, quam eos consumpseris.
Hence Papinian says in the eighth book of Questions: if I have given you another's money as a loan, you are not liable to me before you consume it.
quod si per partes eos consumpseris, an per partes tibi condicam, quaerit: et ait condicturum, si admonitus alienos nummos fuisse ideo per partem condico, quia nondum totos consumptos compereram.
But if you consume it in parts, he asks whether I can bring a personal action against you for the parts; and he says that I can so bring the action, if, having been informed that it was another's money, I therefore bring the action for a part because I had found out that the whole had not yet been consumed.
§12.1.13.2Si seruus communis decem crediderit, puto, siue administratio seruo concessa est, siue non et consumantur nummi, quinum competere actionem: nam et si communes tibi nummos credidero centum, posse me quinquaginta condicere libro octauo quaestionum Papinianus scribit, etiamsi singula corpora communia fuerint.
If a common slave has loaned ten, I think that, whether the administration was permitted to the slave or not, and if the money is consumed, an action for five each is competent; for even if I have loaned you one hundred of common money, Papinian writes in the eighth book of Questions that I can bring a personal action for fifty, even if the individual pieces of money were common.

Notes

  1. 12.1.13.praccipientis — `accipientis` is a genitive of possession acting as a predicate genitive with the active verb `facit`. Supplying the omitted direct object `nummos` (money), `non facit [nummos] accipientis` means 'he does not make the money the property of the recipient.'
  2. 12.1.13.1condicturum — In `et ait condicturum [esse]`, the subject accusative of the future infinitive `condicturum`, namely `me` (or the person who gave the money), is omitted. This is supplied from the first-person singular verb `condico` in the following conditional clause `si... condico`.
  3. 12.1.13.2quinum — `quinum` is a contracted form of the genitive plural `quinorum` of the distributive numeral `quini` (five each), modifying `actionem`. It means 'an action for five each,' indicating that each of the two co-owners is entitled to a claim of five.

Cite this passage

Justinian I, The Digest of Justinian §12.1.13.pr-12.1.13.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.1.13.pr-12.1.13.2

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