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Justinian I · The Digest of Justinian §15.1.51.pr

Debts Owed to Slaves and Master's Defense by Action Assignment

Passage 2310 of 9271 · Latin

Summary

Regarding debts owed to a slave by third parties, a master sued on the peculium can avoid unconditional condemnation by being ready to assign those actions, as delegation of actions stands for performance.

[SCAEUOLA libro secundo quaestionum. ] §15.1.51.prQuod debetur seruo ab extraneis, agenti de peculio non omnimodo dominus ad quantitatem debiti condemnandus est, cum et sumptus in petendo et euentus exsecutionis possit esse incertus et cogitanda sit mora temporis quod datur iudicatis, aut uenditionis bonorum, si id magis faciendum erit.
[SCAEUOLA in the second book of Questions.] Regarding what is owed to a slave by outsiders, the master is not in every case to be condemned to the amount of the debt to one who brings an action on the peculium, since both the expenses in suing and the outcome of the execution can be uncertain, and the delay of time which is given to those who have been judged, or the sale of goods if that is rather to be done, must be considered.
ergo si paratus sit actiones mandare, absoluetur.
Therefore, if he is ready to assign the actions, he shall be acquitted.
quod enim dicitur, si cum uno ex sociis agatur, uniuersum peculium computandum quia sit cum socio actio, in eodem redibit, si actiones paratus sit praestare: et in omnibus, quos idcirco teneri dicimus quia habent actionem, delegatio pro iusta praestatione est.
For what is said, namely that if an action is brought against one of the partners, the entire peculium is to be computed because there is an action against the partner, will come to the same thing, if he is ready to provide the actions; and in all cases of those whom we say are liable for the reason that they have an action, delegation stands for a just performance.

Notes

  1. 15.1.51.prQuod debetur seruo ab extraneis — The relative pronoun quod contains its antecedent and serves as the subject of debetur, forming a nominal clause meaning "what is owed to the slave by outsiders." This introduces the object of valuation (claims forming part of the peculium) with respect to the main verb condemnandus est.
  2. 15.1.51.pragenti de peculio — The present participle agenti (dative singular masculine) refers to the creditor "who brings an action on the peculium" and functions as a dative of relation or disadvantage with respect to condemnandus est.
  3. 15.1.51.prquod enim dicitur ... in eodem redibit — The clause quod dicitur ("what is said") serves as the subject of the main verb redibit ("it will return / come to"). The content of what is said is expressed in the conditional clause from si cum uno... to actio, indicating that this rule leads to the same result (in eodem) if the master is ready to provide the actions.
  4. 15.1.51.prdelegatio pro iusta praestatione est — delegatio (delegation, here referring to the assignment of actions) is said to stand in place of (pro) a iusta praestatio (just performance). This indicates that assigning the actions against third parties to the creditor is legally equivalent to direct satisfaction.

Cite this passage

Justinian I, The Digest of Justinian §15.1.51.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.1.51.pr

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