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Justinian I · The Digest of Justinian §13.6.12.pr-13.6.12.1

Loan for Lender's Benefit and Risk of Escaping Messenger

Passage 2127 of 9271 · Latin

Summary

This text rules on the scope of liability when a loan is for the lender's benefit, and the allocation of risk when a messenger sent to retrieve the borrowed item flees after receiving it.

[ULPIANUS libro uicensimo nono ad Sabinum. ] §13.6.12.prsi mei causa, dolum tantum.
[ULPIANUS in the twenty-ninth book on Sabinus.] If it is for my benefit, [liability is] only for willful intent.
§13.6.12.1Commodatam rem missus qui repeteret cum recepisset, aufugit.
A person sent to demand back a loaned thing fled after he had received it.
si dominus ei dari iusserat, domino perit: si commonendi causa miserat ut referretur res commodata, ei qui commodatus est.
If the owner had ordered it to be given to him, the loss falls on the owner; if he had sent him merely for the purpose of reminding [the borrower] that the loaned thing should be returned, it falls on the one to whom the loan was made.

Notes

  1. 13.6.12.prsi mei causa, dolum tantum — "mei" in "mei causa" is the genitive of the first-person pronoun, referring to the lender (commodans). Supplying the omitted verb (such as praestatur or praestat) yields: "if [the loan is] for my (the lender's) benefit, [the borrower is liable] only for willful intent (dolus)."
  2. 13.6.12.1ei qui commodatus est — The passive participle "commodatus" of the verb "commodare" (to lend), which usually takes things as its object, is used here to refer to the person who received the loan (the borrower), where one would standardly expect "ei cui commodatum est". At the end of the sentence, the verb "perit" (perishes, the loss falls on) is omitted from the preceding clause.

Cite this passage

Justinian I, The Digest of Justinian §13.6.12.pr-13.6.12.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.6.12.pr-13.6.12.1

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