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Justinian I · The Digest of Justinian §13.7.30.pr

Creditor's Detention of Property and Risk of Accidental Loss

Passage 2168 of 9271 · Latin

Summary

In a case where a creditor detained a boatman's boat on his own authority and it was later swept away by a flood, it is answered that the risk of loss or degree of liability depends on whether the detention was against the debtor's will or consented to by him.

[PAULUS libro quinto epitomarum Alfeni Vari digestorum. ] §13.7.30.prQui ratiario crediderat, cum ad diem pecunia non solueretur, ratem in flumine sua auctoritate detinuit: postea flumen creuit et ratem abstulit.
[PAULUS, Book 5 of the Epitomes of Alfenus Varus' Digest.] A person who had lent money to a boatman, since the money was not paid on the due date, detained the boat in the river on his own authority. Afterwards, the river rose and carried away the boat.
si inuito ratiario retinuisset, eius periculo ratem fuisse respondit: sed si debitor sua uoluntate concessisset, ut retineret, culpam dumtaxat ei praestandam, non uim maiorem.
He answered that if he had retained it against the will of the boatman, the boat was at his own risk; but if the debtor had of his own free will consented to his retaining it, he was liable only for negligence, not for force majeure.

Notes

  1. 13.7.30.prsua auctoritate — Ablative of manner. Meaning "on his own authority," implying that the creditor took action through private self-help without judicial intervention.
  2. 13.7.30.preius periculo ratem fuisse — Accusative with infinitive clause depending on respondit. The genitive eius refers to the creditor who detained the boat, indicating that the risk (periculum) of loss lay with him.
  3. 13.7.30.prculpam dumtaxat ei praestandam — Accusative with infinitive with esse omitted (culpam... praestandam esse). ei is the dative of agent referring to the creditor. The restrictive adverb dumtaxat modifies culpam, limiting the liability to negligence in contrast to force majeure (uis maior).

Cite this passage

Justinian I, The Digest of Justinian §13.7.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.7.30.pr

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