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Justinian I · The Digest of Justinian §15.4.5.pr-15.4.5.1

Direct Liability for Master's Borrowing and Joint Masters

Passage 2346 of 9271 · Latin

Summary

Paulus discusses the direct liability of a master or father who orders payment to a slave or son for his own benefit (excluding the action on the order), and the joint and several liability when multiple joint-masters order a contract with a slave.

[PAULUS libro quarto ad Plautium. ] §15.4.5.prSi dominus uel pater pecuniam mutuam accepturus iusserit seruo filioue numerari, nulla quaestio est, quin ipsi condici possit: immo hoc casu de iussu actio non competit.
[PAULUS, On Plautius, book 4] If a master or a father, intending to receive borrowed money, has ordered it to be paid to his slave or son, there is no question that a personal action (condictio) can be brought against him himself; on the contrary, in this case, the action on the order (actio de iussu) does not lie.
§15.4.5.1Si unus ex serui dominis iussit contrahi cum eo, is solus tenebitur: sed si duo iusserunt, cum quouis in solidum agi potest, quia similes sunt duobus mandantibus.
If one of the masters of a slave has ordered a contract to be made with him, he alone shall be liable; but if two have given the order, an action can be brought against either of them for the whole amount (in solidum), because they are similar to two mandators.

Notes

  1. §15.4.5.praccepturus — The future active participle of the verb accipio (to receive). It functions here to express the intention or purpose ("intending to receive", "with the intention of receiving") of the main clause's subject, dominus uel pater.
  2. §15.4.5.prcondici — The present passive infinitive of the verb condicere (to bring an action for recovery). Used impersonally here with the dative ipsi, meaning "a personal action (condictio) can be brought against him himself." Since the master or father is the actual borrower, the direct contractual action (condictio) applies, rather than the secondary action on the order (de iussu).
  3. §15.4.5.1in solidum — A legal idiom functioning adverbially, meaning "for the whole amount" or "jointly and severally." It indicates that if two joint-masters gave the order, an action can be brought against either one of them for the entire debt (joint and several liability).

Cite this passage

Justinian I, The Digest of Justinian §15.4.5.pr-15.4.5.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.4.5.pr-15.4.5.1

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