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Justinian I · The Digest of Justinian §16.3.18.pr

Liability of Depositee and Heirs in Necessary Deposit

Passage 2423 of 9271 · Latin

Summary

This section regulates the differences in the amount and time limit of actions arising from emergency deposits (necessary deposits) against both the depositee and his heirs.

[NERATIUS libro secundo membranarum. ] §16.3.18.prDe eo, quod tumultus incendii ruinae naufragii causa depositum est, in heredem de dolo mortui actio est pro hereditaria portione et in simplum et intra annum quoque: in ipsum et in solidum et in duplum et in perpetuum datur.
[NERATIUS, Parchments, Book 2] Concerning that which has been deposited on account of a riot, fire, collapse, or shipwreck, an action against the heir for the fraud of the deceased lies in proportion to his hereditary share, and for single damages, and also within a year; against the person himself, it is granted in full, for double damages, and without limit of time.

Notes

  1. §16.3.18.prin ipsum — Refers to the depositee himself, the direct party to the deposit contract, as opposed to his heir (in heredem).
  2. §16.3.18.prde dolo mortui — Means "for the fraud of the deceased." The liability of the heir is based on the deceased's fraud, rather than the heir's own wrongdoing.
  3. §16.3.18.prin simplum / in duplum — Indicates the difference in damages for necessary deposits. A heavy penalty of double damages (in duplum) is imposed on the depositee himself, whereas claims against the heir are limited to single damages (in simplum).

Cite this passage

Justinian I, The Digest of Justinian §16.3.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.3.18.pr

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