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Justinian I · The Digest of Justinian §16.3.23.pr

Claim for Maintenance Expenses of a Deposited Slave

Passage 2428 of 9271 · Latin

Summary

It rules that a defendant sued under the action on deposit can successfully claim the maintenance expenses for a deposited slave before the same judge.

[MODESTINUS libro secundo differentiarum. ] §16.3.23.prActione depositi conuentus seruo constituto cibariorum nomine apud eundem iudicem utiliter experitur.
[MODESTINUS, Differences, Book 2] A person sued under the action on deposit can successfully bring a claim before the same judge on account of maintenance for a slave who has been placed in his custody.

Notes

  1. 16.3.23.prActione depositi conuentus — conuentus is the perfect passive participle (masculine nominative singular) of conuenio (to sue, summon), modifying the omitted subject of the sentence (the defendant). Actione depositi (by the action on deposit) is an ablative of means.
  2. 16.3.23.prseruo constituto — This can be understood as an ablative absolute ("when a slave has been placed [in his custody]") or as an ablative phrase indicating the object of the maintenance (cibariorum, "of the established slave"). It denotes the situation where the depositee claims for the upkeep of the deposited slave.
  3. 16.3.23.prutiliter experitur — experitur is the present tense of the deponent verb experior (to go to law, bring a claim). Accompanied by the adverb utiliter (usefully, successfully/effectively), it implies that the defendant can effectively assert his claim for expenses in the same trial (apud eundem iudicem) by means of a counterclaim or defense.

Cite this passage

Justinian I, The Digest of Justinian §16.3.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.3.23.pr

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