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Justinian I · The Digest of Justinian §19.2.6.pr

Hirer Not Bound to Restore Gains from Action for Theft

Passage 2827 of 9271 · Latin

Summary

It rules that a person who has hired a thing is not obliged to restore to the lessor what they have recovered through an action for theft regarding that thing.

[GAIUS libro decimo ad edictum prouinciale. ] §19.2.6.prIs qui rem conduxerit non cogitur restituere id quod rei nomine furti actione consecutus est.
[GAIUS, on the Provincial Edict, book ten] He who has hired a thing is not compelled to restore what he has obtained by an action for theft on account of the thing.

Notes

  1. §19.2.6.prrei nomine — An expression consisting of the noun nomine (ablative singular of nomen) and the genitive rei (from res), meaning "on account of the thing" or "in the name of the thing." It indicates that the recovery was obtained in relation to or as a substitute for the hired property itself.
  2. §19.2.6.prfurti actione — An ablative of means, meaning "by an action for theft" (actio furti). It refers to the civil action brought by the hirer against a third party who stole the hired property.

Cite this passage

Justinian I, The Digest of Justinian §19.2.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.2.6.pr

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