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Justinian I · The Digest of Justinian §17.1.39.pr

Agreements for the Recipient to Bear Risk in Deposit and Mandate

Passage 2479 of 9271 · Latin

Summary

Citing the opinions of Aristo and Celsus the father, the text states that deposit and mandate can be contracted under the condition that the risk is borne by the recipient, a view with which Neratius agrees.

[NERATIUS libro septimo membranarum. ] §17.1.39.prEt Aristoni et Celso patri placuit posse rem hac condicione deponi mandatumque suscipi, ut res periculo eius sit qui depositum uel mandatum suscepit: quod et mihi uerum esse uidetur.
[NERATIUS, On Parchments, Book VII.] It was approved by both Aristo and Celsus the father that a thing could be deposited, and a mandate undertaken, on this condition: that the thing should be at the risk of him who undertook the deposit or the mandate; and this also seems to me to be true.

Notes

  1. §17.1.39.prCelso patri — Refers to the jurist known as Celsus the father (Celsus pater), to distinguish him from his son of the same name, who was also a famous jurist.
  2. §17.1.39.prpericulo eius sit — Ablative of description or quality. Normally, deposit (depositum) and mandate (mandatum) are gratuitous contracts where the recipient is only liable for negligence or fraud, and accidental risk remains with the depositor/mandator. This clause states that the risk (periculum) can be legally transferred to the recipient by special agreement.
  3. §17.1.39.prquod — Relative pronoun in the neuter singular nominative, taking the entire preceding clause (posse rem hac condicione deponi mandatumque suscipi...) as its antecedent.

Cite this passage

Justinian I, The Digest of Justinian §17.1.39.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.1.39.pr

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