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Justinian I · The Digest of Justinian §16.3.12.pr-16.3.12.3

Place of Return, Expenses, and Stakeholder Liability

Passage 2417 of 9271 · Latin

Summary

This chunk discusses the liability for expenses when a deposit made in Asia is to be returned in Rome, the proper place for restoring deposits, actions against stakeholders, and the risk of loss after the joinder of issue.

[Pomponius libro uicensimo secundo ad Sabinum. ] §16.3.12.prSi in Asia depositum fuerit, ut Romae reddatur, uidetur id actum, ut non inpensa eius id fiat apud quem depositum sit, sed eius qui deposuit.
[POMPONIUS libro uicensimo secundo ad Sabinum.] If a deposit has been made in Asia, with the agreement that it be returned in Rome, it is deemed to have been agreed that this should be done not at the expense of the person with whom it was deposited, but of the person who deposited it.
§16.3.12.1Depositum eo loco restitui debet, in quo sine dolo malo eius est, apud quem depositum est: ubi uero depositum est, nihil interest.
A deposit ought to be restored in that place where it is without the fraud of the person with whom it was deposited; but where it was actually deposited makes no difference.
eadem dicenda sunt communiter et in omnibus bonae fidei iudiciis.
The same must be said commonly in all actions of good faith.
sed dicendum est, si uelit actor suis inpensis suoque periculo perferri rem Romam, ut audiendus sit, quoniam et in ad exhibendum actione id seruatur.
But it must be said that, if the plaintiff wishes the thing to be brought to Rome at his own expense and at his own risk, he should be heard, since this is also observed in the action for production.
§16.3.12.2Cum sequestre recte agetur depositi sequestraria actione, quam et in heredem eius reddi oportet.
An action can rightly be brought against a stakeholder by the stakeholder's action on deposit, which action ought also to be granted against his heir.
§16.3.12.3Quemadmodum quod ex stipulatu uel ex testamento dari oporteat, post iudicium acceptum cum detrimento rei periret, sic depositum quoque eo die, quo depositi actum sit, periculo eius apud quem depositum fuerit est, si iudicii accipiendi tempore potuit id reddere reus nec reddidit.
Just as that which is due to be given under a stipulation or a will would, after the joinder of issue, perish with detriment to the thing, so also a deposit, from the day on which the action on deposit was joined, is at the risk of the person with whom it was deposited, if at the time of the joinder of issue the defendant was able to return it and did not return it.

Notes

  1. §16.3.12.pruidetur id actum, ut — The passive construction id actum [esse] ("that it was agreed") functions as the subject of uidetur ("it is deemed"). The subsequent ut clause operates as an appositive noun clause specifying the content of id, defining who bears the expenses of the return.
  2. §16.3.12.1ut audiendus sit — This functions as the object/noun clause introduced by dicendum est ("it must be said"). While an accusative with infinitive (A.C.I.) construction is more standard, here the ut clause with the subjunctive indicates the content of what must be said.
  3. §16.3.12.3post iudicium acceptum — This is a dominant participle construction (of the ab urbe condita type), combining the noun iudicium with the perfect participle acceptum, meaning "after the acceptance of the trial" (i.e., after the joinder of issue or litis contestatio).

Cite this passage

Justinian I, The Digest of Justinian §16.3.12.pr-16.3.12.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.3.12.pr-16.3.12.3

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