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Justinian I · The Digest of Justinian §15.4.4.pr

Action on the Order for Contracts with Municipal Slaves

Passage 2345 of 9271 · Latin

Summary

It reports the opinion of Pomponius that if a transaction is made with a municipal slave by order of the administrator of the municipality, an "action on the order" (actio quod iussu) can be brought against him.

[IDEM libro decimo ad edictum. ] §15.4.4.prSi iussu eius, qui administrationi rerum ciuitatis praepositus est, cum seruo ciuitatis negotium contractum sit, Pomponius scribit quod iussu cum eo agi posse.
[THE SAME, On the Edict, book 10] If, by the order of him who has been placed in charge of the administration of the affairs of a municipality, a transaction has been contracted with a slave of that municipality, Pomponius writes that an action on the order (quod iussu) can be brought against him.

Notes

  1. §15.4.4.prquod iussu — Refers to the "action on the order" (actio quod iussu) in the praetorian edict. Here, it functions as a noun phrase (with "actio" understood) and is treated either as the subject of the infinitive "agi" or as an ablative of instrument.
  2. §15.4.4.prcum eo — The pronoun "eo" (masculine singular ablative) grammatically refers back to "eius" (the person in charge of administration), which is the antecedent of the relative "qui". Since "ciuitas" (municipality) is a feminine noun, "eo" indicates that the action is to be brought against the administrator, rather than the municipality directly as a corporate entity.

Cite this passage

Justinian I, The Digest of Justinian §15.4.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.4.4.pr

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