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Justinian I · The Digest of Justinian §13.7.31.pr

Pledged Slave's Theft and Noxal Surrender for Bad-Faith Debtor

Passage 2169 of 9271 · Latin

Summary

This section explains that if a pledged slave commits theft against a creditor, the debtor is normally released by noxal surrender, but if the debtor knowingly pledged a thief, they remain liable under the action on pledge for full indemnification; Julian extends this same rule to deposit and loan.

[AFRICANUS libro octauo quaestionum. ] §13.7.31.prSi seruus pignori datus creditori furtum faciat, liberum est debitori seruum pro noxae deditione relinquere: quod si sciens furem pignori mihi dederit, etsi paratus fuerit pro noxae dedito apud me relinquere, nihilo minus habiturum me pigneraticiam actionem, ut indemnem me praestet.
[AFRICANUS, Book 8 of Questions.] If a slave given in pledge commits a theft against the creditor, the debtor is free to abandon the slave by way of noxal surrender; but if, knowing him to be a thief, he has given him to me in pledge, even though he is prepared to leave him with me as a noxal surrender, nevertheless I will have the action on pledge so that he may hold me harmless.
eadem seruanda esse Iulianus ait etiam cum depositus uel commodatus seruus furtum faciat.
Julian says that the same rules are to be observed even when a slave who has been deposited or lent commits a theft.

Notes

  1. §13.7.31.prhabiturum me — This is a future active infinitive with 'esse' omitted, forming an accusative with infinitive (AcI) construction. The governing verb is not explicitly expressed, but is understood in the context of legal opinions as an indirect statement, or potentially influenced by the subsequent 'Iulianus ait'. The subject accusative 'me' refers to the creditor.
  2. §13.7.31.prpro noxae dedito — An alternative phrasing of the preceding 'pro noxae deditione' (by way of noxal surrender). 'dedito' is the ablative of the perfect participle 'deditus' (one who has been surrendered) used substantively, governed by the preposition 'pro' (as, by way of). It functionally means 'as a surrendered wrongdoer'.
  3. §13.7.31.prut indemnem me praestet — The conjunction 'ut' introduces a clause of purpose (or the substance of the action), taking the present subjunctive 'praestet' (whose subject is the debtor). 'praestare' here means 'to render or keep in a certain state', taking a double accusative: the direct object 'me' and the predicate accusative 'indemnem' (harmless, free from loss).

Cite this passage

Justinian I, The Digest of Justinian §13.7.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.7.31.pr

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