Humanitext Reader

Justinian I · The Digest of Justinian §14.1.6.pr-14.1.6.1

Actions for Unauthorized Shipping and Liability for Common Slaves

Passage 2188 of 9271 · Latin

Summary

Discusses the actions granted (analogous to the tributorian action or on the peculium) when a slave runs a ship without the master's consent depending on the master's knowledge, and the joint and several liability of co-owners when a common slave runs a ship with their consent.

[PAULUS libro sexto breuium. ] §14.1.6.prSi seruus non uoluntate domini nauem exercuerit, si sciente eo, quasi tributoria, si ignorante, de peculio actio dabitur.
[PAULUS libro sexto breuium.] If a slave has run a ship without the consent of his master, if it was with his knowledge, an action like the tributorian action will be granted; if without his knowledge, an action on the peculium will be granted.
§14.1.6.1Si communis seruus uoluntate dominorum exerceat nauem, in singulos dari debebit in solidum actio.
If a common slave runs a ship with the consent of his masters, an action in solidum must be granted against each of them.

Notes

  1. §14.1.6.prsciente eo — This is an ablative absolute construction. The following word `ignorante` is also an ablative absolute with the pronoun `eo` omitted. These function as nested conditional clauses within the main conditional clause `Si seruus...`.
  2. §14.1.6.prquasi tributoria — The noun `actio` (action) is implied. It means that a remedy analogous to the *actio tributoria* (tributorian action) is to be granted.
  3. §14.1.6.1in solidum — A legal adverbial phrase meaning 'for the whole amount' or 'jointly and severally', indicating that an action for the full debt can be brought against each individual co-owner.

Cite this passage

Justinian I, The Digest of Justinian §14.1.6.pr-14.1.6.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.1.6.pr-14.1.6.1

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