Humanitext Reader

Justinian I · The Digest of Justinian §13.6.10.pr-13.6.10.1

Borrower's Fault and Inspector's Liability

Passage 2125 of 9271 · Latin

Summary

This chunk discusses the scope of liability for a borrower using a borrowed item for its proper purpose, and sets out the liability standards (dolus, custodia, and culpa) and risk distribution when an item is handed over to an inspector.

[IDEM libro uicensimo nono ad Sabinum. ] §13.6.10.prEum, qui rem commodatam accepit, si in eam rem usus est in quam accepit, nihil praestare, si eam in nulla parte culpa sua deteriorem fecit, uerum est: nam si culpa eius fecit deteriorem, tenebitur.
[THE SAME in the twenty-ninth book on Sabinus.] It is true that a person who has received a borrowed thing is liable for nothing, if he used it for the purpose for which he received it, provided he has not in any part made it worse by his own fault; for if he has made it worse by his fault, he will be held liable.
§13.6.10.1Si rem in spectori dedi, an similis sit ei cui commodata res est, quaeritur.
If I have given a thing to an inspector, the question is raised whether he is in a similar position to one to whom a thing has been borrowed.
et si quidem mea causa dedi, dum uolo pretium exquirere, dolum mihi tantum praestabit: si sui, et custodiam: et ideo furti habebit actionem.
And if indeed I gave it for my own sake, while I wish to ascertain the price, he will be liable to me only for willful intent; if for his own sake, also for custody, and therefore he will have the action for theft.
sed et si dum refertur periit, si quidem ego mandaueram per quem remitteret, periculum meum erit: si uero ipse cui uoluit commisit, aeque culpam mihi praestabit, si sui causa accepit,
But also if it perished while being returned, if indeed I had commissioned the person through whom he should send it back, the risk will be mine; but if he himself entrusted it to whom he pleased, he will equally be liable to me for fault, if he received it for his own sake.

Notes

  1. §13.6.10.prEum ... nihil praestare, ... uerum est — The accusative with infinitive clause `eum ... nihil praestare` functions as the subject of the impersonal expression `uerum est`. The accusative pronoun `eum` is modified by the relative clause `qui... accepit`.
  2. §13.6.10.prsi in eam rem usus est in quam accepit — The noun `rem` in `in eam rem` refers to the "purpose" or "use" rather than the physical "thing," and is modified by the relative clause `in quam accepit` (for which he received it). The entire clause defines the condition of using the borrowed item in accordance with the agreed purpose.
  3. §13.6.10.1in spectori — Although written as two words in the manuscript, it is understood as a single word `inspectori` (dative singular of `inspector`, meaning "examiner" or "inspector"). It refers to a person who receives an item to inspect its condition before deciding on a purchase or lease.
  4. §13.6.10.1si sui — In contrast to the preceding phrase `si quidem mea causa dedi`, the prepositional noun `causa` is omitted after the genitive third-person reflexive pronoun `sui`, meaning "if [I gave it] for his own sake."

Cite this passage

Justinian I, The Digest of Justinian §13.6.10.pr-13.6.10.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.6.10.pr-13.6.10.1

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.