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Justinian I · The Digest of Justinian §17.2.24.pr

Liability up to the Peculium for a Jointly Appointed Slave

Passage 2526 of 9271 · Latin

Summary

Explains that if both partners jointly place the slave of one of them in charge, the master is not liable beyond the extent of the peculium, since the risk ought to be common.

[IDEM libro trigesimo primo ad edictum. ] §17.2.24.prPlane si ambo socii seruum alterius praeposuerint, non tenebitur dominus eius nomine, nisi dumtaxat de peculio: commune enim periculum esse oportet, cum ambo eum praeponamus.
[THE SAME in his thirty-first book on the Edict] Clearly, if both partners have placed the slave of one of them in charge, the master will not be held liable on his account, except only to the extent of the peculium; for the risk ought to be common, since we both place him in charge.

Notes

  1. §17.2.24.pralterius — Refers to "one of the two" partners (ambo socii). This implies a situation where one partner is the owner of the slave and the other is not.
  2. §17.2.24.prnisi dumtaxat de peculio — Meaning except to the extent of the action concerning peculium (actio de peculio). Because they jointly appointed him, the master is only liable within the limit of the peculium allocated to the slave, rather than for the full amount as in the previous section.
  3. §17.2.24.prpraeponamus — While the preceding conditional clause uses the third-person plural (praeposuerint), the cum-clause expressing the reason uses the first-person plural (praeponamus), as the jurist adopts the perspective of the parties involved.

Cite this passage

Justinian I, The Digest of Justinian §17.2.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.24.pr

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