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Justinian I · The Digest of Justinian §14.1.4.pr-14.1.4.4

Liability of Co-Operators and Slaves and Inheritance of Action

Passage 2186 of 9271 · Latin

Summary

This section discusses the scope of liability (proportional or joint and several) in the action against shipowners when there are several operators or when a slave runs a ship, as well as the perpetual nature of these actions and their transmissibility to and against heirs.

[ULPIANUS libro uicensimo nono ad edictum. ] §14.1.4.prSi tamen plures per se nauem exerceant, pro portionibus exercitionis conueniuntur: neque enim inuicem sui magistri uidebuntur.
[ULPIANUS libro uicensimo nono ad edictum.] If, however, several persons run a ship by themselves, they are sued in proportion to their shares in the operation; for they will not be regarded as mutual masters of each other.
§14.1.4.1Sed si plures exerceant, unum autem de numero suo magistrum fecerint, huius nomine in solidum poterunt conueniri.
But if several persons run a ship, and they have appointed one of their number as master, they can be sued for the whole amount in respect of this person's transactions.
§14.1.4.2Sed si seruus plurium nauem exerceat uoluntate eorum, idem placuit quod in pluribus exercitoribus.
But if a slave belonging to several persons runs a ship with their consent, the same rule is approved as in the case of multiple shipowners.
plane si unius ex omnibus uoluntate exercuit, in solidum ille tenebitur, et ideo puto et in superiore casu in solidum omnes teneri.
Clearly, if he ran it with the consent of only one out of them all, that person will be liable for the whole amount; and therefore I think that in the former case also, all are liable for the whole amount.
§14.1.4.3Si seruus sit, qui nauem exercuit uoluntate domini, et alienatus fuerit, nihilo minus is qui eum alienauit tenebitur.
If the person who ran the ship is a slave acting with his master's consent, and he has been alienated, the person who alienated him will nevertheless be liable.
proinde et si decesserit seruus, tenebitur: nam et magistro defuncto tenebitur.
Likewise, even if the slave has died, he will be liable; for even when a master of a ship dies, the shipowner will be liable.
§14.1.4.4Hae actiones perpetuo et heredibus et in heredes dabuntur: proinde et si seruus, qui uoluntate domini exercuit, decessit, etiam post annum dabitur haec actio, quamuis de peculio ultra annum non detur.
These actions will be granted perpetually both to heirs and against heirs; likewise, even if a slave who ran a ship with his master's consent has died, this action will be granted even after a year, although an action concerning the peculium is not granted beyond a year.

Notes

  1. 14.1.4.prneque enim inuicem sui magistri uidebuntur — "sui" is a plural genitive pronoun, which together with "inuicem" (mutually / of each other) expresses the reciprocal relationship of being each other's master. It implies that they do not automatically bind each other as agents.
  2. 14.1.4.2idem placuit quod in pluribus exercitoribus — "placuit" is used impersonally ("it is approved / decided"), with the relative clause "quod..." acting as its subject. It means "the same thing (idem) is approved as in the case of multiple shipowners."
  3. 14.1.4.2et ideo puto et in superiore casu in solidum omnes teneri — The verb "puto" takes an accusative with infinitive construction ("omnes teneri") as its object. The second "et" immediately preceding the prepositional phrase is used adverbially to mean "also" or "even", emphasizing "in superiore casu".
  4. 14.1.4.4quamuis de peculio ultra annum non detur — The conjunction "quamuis" introduces a concessive clause stating a fact, accompanied by the subjunctive "detur" in accordance with the usage of late Classical juristic Latin. It contrasts this action with the action concerning peculium (actio de peculio), which is not granted (non detur) after one year from the slave's death.

Cite this passage

Justinian I, The Digest of Justinian §14.1.4.pr-14.1.4.4. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.1.4.pr-14.1.4.4

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