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Justinian I · The Digest of Justinian §14.3.12.pr

Actions Arising from Appointing Another's Deputy as Manager

Passage 2211 of 9271 · Latin

Summary

This section explains the actions available between parties (analogical institorian action, actions concerning the peculium) when one appoints another's deputy slave as a manager, and explains how the purchase price is considered to have turned to the master's profit.

[IULIANUS libro undecimo digestorum. ] §14.3.12.pret ideo utilis institoria actio aduersus me tibi competet, mihi uero aduersus te uel de peculio dispensatoris, si ex conducto agere uelim, uel de peculio uicarii, quod ei mercem uendendam mandauerim: pretiumque, quo emisti, in rem tuam uersum uideri poterit eo, quod debitor serui tui factus esses.
[JULIANUS from the eleventh book of the Digests.] Therefore, an analogical institorian action against me will lie for you, whereas for me against you, there will lie either an action concerning the peculium of the steward, if I should wish to sue on the lease, or concerning the peculium of the deputy slave, since I mandated him to sell the goods; and the price at which you bought can be seen as having turned to your profit by the fact that you had become the debtor of your slave.

Notes

  1. 14.3.12.prmihi uero aduersus te — The verb "competet" is omitted after this phrase, corresponding to "tibi competet" at the beginning of the sentence. This elliptical construction clearly balances the opposing relationships ("tibi aduersus me" vs. "mihi aduersus te").
  2. 14.3.12.prdispensatoris ... uicarii — The "slave of yours" (seruus tuus) mentioned in the preceding section (14.3.11.8) is here referred to as "steward" (dispensator), and is contrasted with his "deputy slave" (uicarius). It presents two optional actions: one concerning the peculium of the steward (with whom the lease was made), and the other concerning the peculium of the deputy slave (who actually acted as the manager).
  3. 14.3.12.preo, quod debitor serui tui factus esses — The phrase "eo, quod" introduces a clause of reason or ground ("by the fact that"). The subjunctive pluperfect "factus esses" indicates a legal characterization or a relation in a hypothetical set of conditions. It explains the legal ground why the purchase price is deemed to have "turned to your profit" (in rem uersum), namely because you became a debtor to your own slave (to his peculium).

Cite this passage

Justinian I, The Digest of Justinian §14.3.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.3.12.pr

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