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Justinian I · The Digest of Justinian §16.3.30.pr

Surety Paying the Valuation and Ownership Transfer

Passage 2435 of 9271 · Latin

Summary

If a surety is condemned to pay the valuation of the suit on behalf of the depositary, the ownership of the deposited property transfers to the depositary.

[NERATIUS libro primo responsorum. ] §16.3.30.prSi fideiussor pro te apud quem depositum est litis aestimatione damnatus sit, rem tuam fieri.
[NERATIUS, Responses, Book 1] If a surety on behalf of you, with whom the deposit was made, has been condemned in the valuation of the suit, the property becomes yours.

Notes

  1. §16.3.30.prrem tuam fieri — An accusative and infinitive (A.C.I.) construction. Since this fragment is excerpted from a jurist's response (responsum), it takes the form of indirect speech, with an introductory verb of speaking or ruling such as 'respondit' (he answered) or 'constat' (it is established) implied.
  2. §16.3.30.prlitis aestimatione — Ablative of penalty or price, used with the verb 'damnare' (to condemn, sentence) to indicate the valuation of the suit that the party is condemned to pay.

Cite this passage

Justinian I, The Digest of Justinian §16.3.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.3.30.pr

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