Humanitext Reader

Justinian I · The Digest of Justinian §12.1.4.pr-12.1.4.2

Risk in Anticipated Mutuum and Cases of Condictio

Passage 1859 of 9271 · Latin

Summary

The fragment discusses the allocation of risk for money deposited in anticipation of a loan, and the recovery (condictio) of pledged property after payment, of unjustly gathered fruits, and of items carried by rivers.

[ULPIANUS libro trigensimo quarto ad Sabinum. ] §12.1.4.prSi quis nec causam nec propositum faenerandi habuerit et tu empturus praedia desideraueris mutuam pecuniam nec uolueris creditae nomine antequam emisses suscipere atque ita creditor, quia necessitatem forte proficiscendi habebat, deposuerit apud te hanc eandem pecuniam, ut, si emisses, crediti nomine obligatus esses, hoc depositum periculo est eius qui suscepit.
[ULPIAN, On Sabinus, book 34] If someone has neither the cause nor the purpose of lending at interest, and you, intending to buy estates, have desired a loan of money, but have not wished to receive it under the name of a loan before you have bought them, and thus the creditor, because he happened to have the necessity of departing, has deposited this same money with you, so that, if you should buy them, you would be bound under the name of a loan, this deposit is at the risk of him who received it.
nam et qui rem uendendam acceperit, ut pretio uteretur, periculo suo rem habebit.
For he also who has received a thing to be sold, in order that he might use the price, will hold the thing at his own risk.
§12.1.4.1Res pignori data pecunia soluta condici potest.
A thing given in pledge can be recovered by condictio once the money has been paid.
et fructus ex iniusta causa percepti condicendi sunt: nam et si colonus post lustrum completum fructus perceperit, condici eos constat ita demum, si non ex uoluntate domini percepti sunt: nam si ex uoluntate, procul dubio cessat condictio.
And fruits gathered from an unjust cause must be recovered by condictio; for even if a tenant farmer, after the completion of a five-year term, has gathered fruits, it is well established that they can be recovered by condictio, but only if they were not gathered with the consent of the owner; for if they were gathered with his consent, without a doubt the condictio does not lie.
§12.1.4.2Ea, quae ui fluminum importata sunt, condici possunt.
Those things which have been brought in by the force of rivers can be recovered by condictio.

Notes

  1. §12.1.4.prcreditae nomine — A genitive with the ellipsis of the feminine noun `pecuniae`; `creditae [pecuniae] nomine` means 'under the name of a loan (for consumption)'.
  2. §12.1.4.prpericulo est eius — `periculo` is a predicative dative (dative of purpose/effect) construed with the genitive `eius`, indicating that the risk of the deposit falls upon the person who received it.
  3. §12.1.4.1pecunia soluta — An ablative absolute composed of the noun `pecunia` and the perfect participle `soluta`, expressing a condition ('once the money has been paid').
  4. §12.1.4.1condici eos constat — The accusative and infinitive clause `condici eos` (with the accusative `eos` referring to the preceding `fructus` and the present passive infinitive `condici`) serves as the subject of the impersonal verb `constat` ('it is well established that...').

Cite this passage

Justinian I, The Digest of Justinian §12.1.4.pr-12.1.4.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.1.4.pr-12.1.4.2

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.