Justinian I · The Digest of Justinian §15.1.23.pr

Grounds for Full Security on Peculiar Buildings and Slaves

Passage 2282 of 9271 · Latin

Summary

Explains why security for threatened damage on buildings or a noxal action on a sub-slave belonging to the peculium must be undertaken for the whole amount, on the grounds that the plaintiff can seize or possess them as a pledge if they are undefended.

[IDEM libro nono ad Sabinum. ] §15.1.23.prAedium autem peculiarium nomine in solidum damni infecti promitti debet, sicut uicarii nomine noxale iudicium in solidum pati, quia pro pignore ea, si non defendantur, actor abducit uel possidet.

[THE SAME in the ninth book on Sabinus.] But on account of buildings belonging to the peculium, a promise for threatened damage must be made for the whole amount, just as on account of a vicarius (sub-slave) one must submit to a noxal action for the whole amount, because the plaintiff carries them off or takes possession of them as a pledge, if they are not defended.

Notes

§15.1.23.prpati — Present infinitive of the deponent verb patior (to submit to, suffer), which depends on debet in the preceding clause. The implied subject is dominus (the master), meaning "the master must submit to [a noxal action]."
§15.1.23.prea — The neuter plural accusative pronoun ea refers back to both aedes (buildings, feminine plural) and uicarius (sub-slave, masculine singular), taking the neuter plural as a collective reference to things of different genders. Furthermore, the verbs abducit uel possidet (carries off or possesses) correspond respectively to the sub-slave (carried off as movable property) and the buildings (possessed as immovable property).

Cite this passage

Justinian I, The Digest of Justinian §15.1.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.1.23.pr

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