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Justinian I · The Digest of Justinian §13.1.15.pr

Condictio Furtiva and Theft Action Against Freed Slaves

Passage 2063 of 9271 · Latin

Summary

This section determines the liability of a slave who has been manumitted for a theft committed prior to manumission, and states the requirement for bringing a condictio against him.

[CELSUS libro duodecimo digestorum. ] §13.1.15.prQuod ab alio seruus subripuit, eius nomine liber furti tenetur: condici autem ei non potest, nisi liber contrectauit.
[CELSUS, in his twelfth book of the Digests.] With respect to what a slave has stolen from another, he, having become free, is liable to an action for theft; but a condictio cannot be brought against him, unless he has handled it as a free man.

Notes

  1. §13.1.15.prliber — Used not as an attributive adjective but as a predicative adjunct (appositive) modifying the implied subject, meaning "as a free man" or "having become free". It emphasizes that while the actio furti can be brought against him personally after his manumission, a condictio requires that he has also exercised control (contrectavit) over the stolen property after obtaining his freedom.
  2. §13.1.15.prfurti tenetur — A construction where the passive verb teneri (to be held liable) governs a genitive of charge or crime (furti), meaning "is liable to an action for theft".

Cite this passage

Justinian I, The Digest of Justinian §13.1.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.1.15.pr

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