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Justinian I · The Digest of Justinian §14.2.5.pr-14.2.5.1

Inapplicability of Contribution for Lost Ship and Cut Masts

Passage 2194 of 9271 · Latin

Summary

It is ruled that the loss of a destroyed ship is not compensated by contribution from saved cargo, as contribution only applies when the ship is saved by jettison, though cutting down a mast to save the ship and cargo does qualify for contribution.

[HERMOGENIANUS libro secundo iuris epitomarum. ] §14.2.5.prAmissae nauis damnum collationis consortio non sarcitur per eos, qui merces suas naufragio liberauerunt: nam huius aequitatem tunc admitti placuit, cum iactus remedio ceteris in communi periculo salua naui consultum est.
[HERMOGENIANUS, from the second book of the Epitome of Law.] The damage of a lost ship is not made good by the partnership of contribution by those who have saved their goods from the shipwreck; for it has been decided that the equity of this is admitted only when, by the remedy of jettison, provision has been made for the others in a common danger while the ship is safe.
§14.2.5.1Arbore caesa, ut nauis cum mercibus liberari possit, aequitas contributionis habebit locum.
If a mast has been cut down so that the ship with its cargo might be freed, the equity of contribution will apply.

Notes

  1. 14.2.5.prconsultum est — This is an impersonal passive of the verb consulo (governing the dative, meaning "to provide for" or "to consult the interests of"), with ceteris acting as its dative object.
  2. 14.2.5.prsalua naui — An ablative absolute construction consisting of the noun naui (ablative singular of nauis) and the adjective salua (feminine ablative singular of saluus), expressing the condition "with the ship being safe" or "provided that the ship is saved."
  3. 14.2.5.1Arbore caesa — An ablative absolute consisting of the noun arbore (ablative singular of arbor, here referring to the mast of the ship) and the perfect participle caesa (feminine ablative singular of caedo), expressing a condition ("if a mast has been cut down").

Cite this passage

Justinian I, The Digest of Justinian §14.2.5.pr-14.2.5.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.2.5.pr-14.2.5.1

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