Justinian I · The Digest of Justinian §16.1.25.pr-16.1.25.1

Liability of Mistress for Ordering Loans to Slaves or Acting as Surety

Passage 2371 of 9271 · Latin

Summary

Discusses the distinction in liability and the applicability of the Velleian senatusconsult when a mistress orders credit to be given to her slave versus when she acts as a surety for him.

[MODESTINUS libro singulari de heurematicis. ] §16.1.25.prSi domina seruo suo credi iusserit, actione honoraria tenebitur.

[MODESTINUS, In a Single Book on Heurematics.] If a mistress has ordered that credit be given to her slave, she will be held liable by an honorary action.

§16.1.25.1Quod si pro eo fideiusserit, exceptione senatus consulti Velleiani iudicio conuenta aduersus creditorem tueri se poterit, nisi pro suo negotio hoc fecerit.

But if she has acted as a surety for him, when sued in court she will be able to defend herself against the creditor by the exception of the Velleian senatusconsult, unless she did this for her own business.

Notes

§16.1.25.prcredi iusserit — credi is the passive infinitive of the intransitive verb credere (to give credit, lend), used here impersonally with the dative seruo suo ("that credit be extended to her slave"). iusserit is the future perfect (or perfect subjunctive) active third-person singular.
§16.1.25.1iudicio conuenta — conuenta is the perfect passive participle (nominative feminine singular) agreeing with the implied subject of the main clause (the mistress). iudicio is an ablative of place or circumstance meaning "in court" or "by a lawsuit". Together they form a circumstantial participle clause ("when sued in court").

Cite this passage

Justinian I, The Digest of Justinian §16.1.25.pr-16.1.25.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.1.25.pr-16.1.25.1

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