Humanitext Reader

Justinian I · The Digest of Justinian §19.2.40.pr

Liability for Risk of Paid Custody

Passage 2861 of 9271 · Latin

Summary

Stipulates that a person who receives payment for the custody of a thing is liable for the risk associated with that custody.

[Gaius libro quinto ad edictum prouinciale. ] §19.2.40.prQui mercedem accipit pro custodia alicuius rei, is huius periculum custodiae praestat.
[GAIUS, from the fifth book on the Provincial Edict.] He who receives payment for the custody of any thing is liable for the risk of this custody.

Notes

  1. 19.2.40.prhuius periculum custodiae — The demonstrative adjective huius (genitive singular feminine) modifies custodiae, and the entire phrase means "the risk of this custody," serving as the object of the transitive verb praestat. In terms of word order, the noun periculum is sandwiched between the modifier and the noun it modifies.
  2. 19.2.40.prpraestat — The verb praestare, in the context of contract law, expresses the legal obligation to "guarantee," "assume," or "be liable for" a specific duty or risk (periculum).

Cite this passage

Justinian I, The Digest of Justinian §19.2.40.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.2.40.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.