Humanitext Reader

Justinian I · The Digest of Justinian §13.1.3.pr

Condictio for a Stolen Slave and the Master's Interest

Passage 2051 of 9271 · Latin

Summary

Paulus explains, citing Julian, that in a condictio for a stolen slave, the specific interest of the plaintiff is included in the claim, such as when the slave is appointed as an heir and the master risks losing the inheritance.

[PAULUS libro nono ad Sabinum. ] §13.1.3.prSi condicatur seruus ex causa furtiua, id uenire in condictionem certum est quod intersit agentis, ueluti si heres sit institutus et periculum subeat dominus hereditatis perdendae.
[PAULUS, in his ninth book on Sabinus.] If a slave is subject to a condictio on the ground of theft, it is certain that what is of interest to the plaintiff comes into the condictio; for example, if the slave has been appointed heir, and the master runs the risk of losing the inheritance.
quod et Iulianus scribit.
Julian also writes this.
item si mortuum hominem condicat, consecuturum ait pretium hereditatis.
Likewise, he says that if a person brings a condictio for a deceased slave, he will obtain the value of the inheritance.

Notes

  1. 13.1.3.printersit agentis — The present subjunctive intersit of the impersonal verb interest is combined with the genitive agentis (of the plaintiff, the actor), indicating the party concerned. This interest means 'to be of importance/interest to,' showing that not only the value of the object itself but also the actual interest (id quod intersit) of the plaintiff is included in the condictio.
  2. 13.1.3.prhereditatis perdendae — The gerundive perdendae agrees with the noun hereditatis, and the phrase is in the genitive modifying periculum (danger, risk), meaning 'the risk of losing the inheritance.'
  3. 13.1.3.prconsecuturum — The future infinitive consecuturum [esse] in an accusative and infinitive construction, governed by ait. The subject accusative of the infinitive (such as eum, referring to the plaintiff) is omitted. Its object is pretium hereditatis (the value of the inheritance).

Cite this passage

Justinian I, The Digest of Justinian §13.1.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.1.3.pr

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