[POMPONIUS libro quinto ad Sabinum. ] §13.6.6.prUt alterutro agente alterius actio contra furem tollatur.
[POMPONIUS in the fifth book on Sabinus] So that if either of them brings the action, the other's action against the thief is extinguished.
Justinian I · The Digest of Justinian §13.6.6.pr
Extinction of Action by One of Multiple Borrowers
Summary
Explains that when two borrowers or hirers have the action for theft, the bringing of the action by one of them extinguishes the action of the other against the thief.
Notes
- §13.6.6.prUt ... tollatur — The Ut clause with the subjunctive tollatur depends on the conclusion of the preceding fragment (§13.6.5.15), "the action for theft is available to both (ambobus competit furti actio)," and explains the relationship between their actions, namely that the exercise of the action by one bars or extinguishes the action of the other.
- §13.6.6.pralterutro agente — An ablative absolute construction formed by the ablative pronoun alterutro and the present participle agente. It expresses a condition ("if either of them brings the action") or means/cause ("by one of them bringing the action"). agere is used here in its technical legal sense of "to bring an action" or "to sue."
Cite this passage
Justinian I, The Digest of Justinian §13.6.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.6.6.pr
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