Humanitext Reader

Justinian I · The Digest of Justinian §13.6.14.pr

Remedies When Slave Loans Property Against Master's Will

Passage 2129 of 9271 · Latin

Summary

This section explains that if a slave lends his master's property to a borrower who knows the master objects, the master has the action on loan, the action for theft, and the personal action for recovery on the ground of theft.

[ULPIANUS libro quadragensimo octauo ad Sabinum. ] §13.6.14.prSi seruus meus rem meam tibi scienti nolle me tibi commodari commodauerit, et commodati et furti nascitur actio et praeterea condictio ex causa furtiua.
[ULPIAN in the forty-eighth book on Sabinus.] If my slave should lend my property to you, who know that I do not want it to be lent to you, both the action on loan and the action for theft arise, and in addition the personal action for recovery on the ground of theft.

Notes

  1. §13.6.14.prtibi scienti nolle me tibi commodari — The dative pronoun tibi is modified by the present participle in the dative, scienti. This participle takes an accusative with infinitive (AcI) construction as its complement, nolle me tibi commodari, meaning 'that I am unwilling for it to be lent to you.' The subject of nolle is the accusative me, which in turn takes the passive infinitive commodari.

Cite this passage

Justinian I, The Digest of Justinian §13.6.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.6.14.pr

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