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Justinian I · The Digest of Justinian §13.1.13.pr

Valuation of Altered Stolen Goods and Grown Slaves

Passage 2061 of 9271 · Latin

Summary

Paulus states that in a condictio for cups made from stolen silver, the value of the engraving done at the thief's expense is included in the assessment, drawing a parallel to the assessment of a stolen infant who has grown into a youth.

[PAULUS libro trigensimo nono ad edictum. ] §13.1.13.prEx argento subrepto pocula facta condici posse Fulcinius ait: ergo in condictione poculorum etiam caelaturae aestimatio fiet, quae impensa furis facta est, quemadmodum si infans subreptus adoleuerit, aestimatio fit adulescentis, quamuis cura et sumptibus furis creuerit.
[PAULUS, in his thirty-ninth book on the Edict.] Fulcinius says that cups made from stolen silver can be recovered by condictio; therefore, in the condictio of the cups, an assessment will also be made of the engraving which was done at the thief's expense, just as if a stolen infant has grown up, the assessment is made of the youth, although he grew up through the care and expense of the thief.

Notes

  1. §13.1.13.prcondici posse — An accusative with infinitive (A.c.I.) construction consisting of condici, the present passive infinitive of the transitive verb condicere (to demand back, bring a condictio), and posse. The subject accusative is pocula, meaning 'that the cups can be recovered by condictio'. It functions as the object clause of the main verb ait (Fulcinius says).
  2. §13.1.13.primpensa furis — The noun impensa is the ablative singular of impensa, -ae, f. (expense, outlay), expressing means or cause ('at the expense of'). It is modified by the genitive furis (of the thief), indicating that the thief applied the engraving using his own resources.

Cite this passage

Justinian I, The Digest of Justinian §13.1.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.1.13.pr

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