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Justinian I · The Digest of Justinian §16.3.16.pr

Liability and Assignment of Action in Redeposit

Passage 2421 of 9271 · Latin

Summary

If a deposited object is redeposited with a third party who commits fraud, the original depositary is liable only to the extent of assigning his actions against the third party to the depositor.

[AFRICANUS libro septimo quaestionum. ] §16.3.16.prSi is, apud quem rem deposueris, apud alium eam deponat et ille dolo quid admiserit, ob dolum eius, apud quem postea sit depositum, eatenus eum teneri apud quem tu deposueris, ut actiones suas tibi praestet.
[AFRICANUS, Questions, book 7] If he with whom you deposited a thing should deposit it with another, and the latter should commit some wrong by fraud, the one with whom you made the deposit is held liable for the fraud of the person with whom it was subsequently deposited only to the extent that he cedes his actions to you.

Notes

  1. §16.3.16.prteneri — An infinitive of indirect speech (oratio obliqua) resulting from the ellipsis of a main governing verb (such as "Africanus says") typical in Digest excerpts. Its subject is the accusative `eum`.
  2. §16.3.16.preatenus ... ut — A correlative structure meaning "only to the extent that...". It limits the liability of the first depositary to ceding his own actions (`actiones suas`) against the second depositary to the original depositor.

Cite this passage

Justinian I, The Digest of Justinian §16.3.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.3.16.pr

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