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Justinian I · The Digest of Justinian §17.1.55.pr

Actions of Mandate and Theft for Retained Goods

Passage 2495 of 9271 · Latin

Summary

It determines that a procurator is liable under the action of mandate, not that of theft, when he fails to return things delivered to him, as opposed to stealing things enclosed.

[IDEM libro primo responsorum. ] §17.1.55.prProcurator, qui non res inclusas subtraxit, sed traditas non reddidit, iudicio mandati, non furti tenetur.
[THE SAME, from the first book of Responses.] A procurator who did not steal things enclosed, but did not return things delivered to him, is liable under the action of mandate, not that of theft.

Notes

  1. §17.1.55.prtraditas — A perfect passive participle in the feminine accusative plural, agreeing with the preceding noun res. It contrasts res inclusas (things enclosed, where possession was not directly transferred) with things actually delivered (traditas), where possession was transferred.
  2. §17.1.55.prnon furti — The genitive of furtum (theft), dependent on the omitted noun iudicio, meaning non iudicio furti (not by the action of theft).

Cite this passage

Justinian I, The Digest of Justinian §17.1.55.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.1.55.pr

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