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Justinian I · The Digest of Justinian §16.3.15.pr

Absence of Action for Deposit or Loan of One's Own Property

Passage 2420 of 9271 · Latin

Summary

It stipulates that a person who holds or requests his own property under deposit, loan, lease, or precarious tenure is not liable under the actions arising from those contracts.

[IULIANUS libro tertio decimo digestorum. ] §16.3.15.prQui rem suam deponi apud se patitur uel utendam rogat, nec depositi nec commodati actione tenetur: sicuti qui rem suam conducit aut precario rogat, nec precario tenetur nec ex locato.
[JULIANUS, Digest, book 13] He who allows his own property to be deposited with himself, or requests it for use, is held liable neither by the action on deposit nor by the action on loan; just as he who leases his own property or requests it by precarious tenure is held liable neither by the action on precarious tenure nor by the action on lease.

Notes

  1. §16.3.15.prdeponi ... patitur — deponi is a passive infinitive functioning as a complementary infinitive to patitur, meaning 'allows his own property to be deposited'.
  2. §16.3.15.prutendam rogat — utendam is a gerundive (future passive participle) in the feminine accusative singular, agreeing with the preceding rem suam, and expresses the purpose of the request ('requests it for use') along with rogat.
  3. §16.3.15.prex locato — The phrase actione tenetur is understood as omitted from the preceding clause, referring to the actio ex locato (action on lease), which is brought by a lessor against a lessee.

Cite this passage

Justinian I, The Digest of Justinian §16.3.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.3.15.pr

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