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Justinian I · The Digest of Justinian §14.2.6.pr

No Contribution for Repairs of Lightning Damage

Passage 2195 of 9271 · Latin

Summary

It is determined that if a ship damaged by a storm and lightning undergoes temporary repairs at a port of call and safely delivers its cargo, the expenses for such equipment are borne by the shipowner and do not qualify for contribution by the cargo owners.

[IULIANUS libro octogensimo sexto digestorum. ] §14.2.6.prNauis aduersa tempestate depressa ictu fulminis deustis armamentis et arbore et antenna Hipponem delata est ibique tumultuariis armamentis ad praesens comparatis Ostiam nauigauit et onus integrum pertulit: quaesitum est, an hi, quorum onus fuit, nautae pro damno conferre debeant.
[JULIANUS, from the eighty-sixth book of the Digests.] A ship, distressed by an adverse storm, with its rigging, mast, and yard burnt by a stroke of lightning, was carried to Hippo, and having there procured temporary rigging for the present occasion, sailed to Ostia and delivered the cargo intact. The question was asked whether those to whom the cargo belonged ought to contribute to the shipowner for the loss.
respondit non debere: hic enim sumptus instruendae magis nauis, quam conseruandarum mercium gratia factus est.
He answered that they ought not to; for this expense was incurred rather for the sake of equipping the ship than for the sake of preserving the cargo.

Notes

  1. §14.2.6.prnautae — Dative singular, serving as the indirect object of the verb `conferre` (to contribute). It refers to the shipowner or captain to whom the cargo owners (`hi, quorum onus fuit`) would make a contribution. Interpreting it as a nominative plural in apposition to the subject is impossible given the contextual distinction between cargo owners and shipowners.
  2. §14.2.6.prinstruendae magis nauis, quam conseruandarum mercium gratia — The postposition `gratia` (for the sake of) governs two genitive gerundive constructions (`instruendae nauis` and `conseruandarum mercium`). The comparison `magis... quam...` emphasizes the purpose of the expense (equipping the ship rather than preserving the cargo).

Cite this passage

Justinian I, The Digest of Justinian §14.2.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.2.6.pr

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