Action on Loan Available to Thief or Robber

Notes

1. §13.6.16.prita ut — Conjunction introducing a consecutive (result) clause connected to the preceding statement by Paulus (15.pr). It indicates that, as a logical consequence of that principle, even a thief or a robber who utterly lacks any right can still make a contract of loan.
2. §13.6.16.prhabeat commodati actionem — habeat is a present subjunctive governed by ita ut, with fur uel praedo as its subject. Since a thief or robber lacks ownership and legal possession, they cannot bring a proprietary action (rei vindicatio), but they are permitted to bring a personal contractual action on loan (actio commodati) to demand the return of the thing based on the agreement.