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Justinian I · The Digest of Justinian §13.6.22.pr

Noxal Action and Counter-Action for Theft by Loaned Slave

Passage 2137 of 9271 · Latin

Summary

It is discussed whether a counter-action on loan or an action for theft should be brought when a loaned slave commits theft, establishing that while the borrower clearly has a noxal action, the lender is only liable under the counter-action if they knowingly loaned a rogue slave.

[PAULUS libro uicensimo secundo ad edictum. ] §13.6.22.prSi seruus, quem tibi commodauerim, furtum fecerit, utrum sufficiat contraria commodati actio (quemadmodum competit, si quid in curationem serui impendisti) an furti agendum sit, quaeritur.
[PAULUS, in the twenty-second book on the Edict.] If a slave whom I loaned to you should commit a theft, the question is asked whether the counter-action on loan is sufficient (just as it is available if you have expended anything on the medical care of the slave) or whether an action for theft must be brought.
et furti quidem noxalem habere qui commodatum rogauit procul dubio est, contraria autem commodati tunc eum teneri, cum sciens talem esse seruum ignoranti commodauit.
And indeed, there is no doubt that he who requested the loan has a noxal action for theft; but as for the counter-action on loan, the lender is held liable under it only when, knowing that the slave was of such character, he loaned him to one who was ignorant of it.

Notes

  1. §13.6.22.prcontraria autem commodati tunc eum teneri — In contraria... commodati, the ablative noun actione is omitted, meaning "by the counter-action on loan." The subject accusative eum of the infinitive teneri (to be held liable) refers to the lender of the slave.
  2. §13.6.22.prfurti agendum sit — This is an impersonal passive construction with the gerundive agendum sit (an action must be brought) combined with the genitive of charge/action furti (for theft).
  3. §13.6.22.prfurti quidem noxalem habere qui commodatum rogauit — This accusative with infinitive (A.C.I.) clause serves as the subject of procul dubio est (there is no doubt). The subject of habere is the substantived relative clause qui commodatum rogauit (he who requested the loan, i.e., the borrower), and its object is noxalem [actionem] (a noxal action [for theft]).

Cite this passage

Justinian I, The Digest of Justinian §13.6.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.6.22.pr

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