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Justinian I · The Digest of Justinian §13.6.20.pr

Loss of Loaned Goods Intercepted in Transit by Slaves

Passage 2135 of 9271 · Latin

Summary

Julianus explains that if a loaned silver object is sent through a sufficiently trustworthy slave but is intercepted by evil men, the loss falls on the borrower, provided the lender was not negligent.

[IDEM libro tertio ad Urseium Ferocem. ] §13.6.20.prArgentum commodatum si tam idoneo seruo meo tradidissem ad te perferendum, ut non debuerit quis aestimare futurum, ut a quibusdam malis hominibus deciperetur, tuum, non meum detrimentum erit, si id mali homines intercepissent.
[THE SAME in the third book on Urseius Ferox.] If I had delivered the loaned silver to my slave, who was so trustworthy to carry it to you that no one ought to have anticipated that he would be deceived by certain evil-minded men, the loss will be yours and not mine, if evil-minded men intercepted it.

Notes

  1. §13.6.20.prfuturum, ut ... deciperetur — An infinitive phrase serving as the object of aestimare, in the form of futurum esse ut (that it would happen that...) with esse omitted. It expresses a future prediction nested within the result clause.
  2. §13.6.20.prtradidissem ... erit ... intercepissent — A mixed conditional sentence using the subjunctive pluperfect in the conditional clauses (tradidissem, intercepissent) and the future indicative in the main clause (erit). It combines a past hypothesis with its resulting future legal consequence.

Cite this passage

Justinian I, The Digest of Justinian §13.6.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.6.20.pr

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