Humanitext Reader

Justinian I · The Digest of Justinian §2.9.4.pr

Co-owner's Duty to Defend and Provide Security in Noxal Action

Passage 322 of 9271 · Latin

Summary

This section discusses whether one of the co-owners of a slave must give security for his partner's share when a noxal action is brought against him, and explains his duty to defend the slave in full.

[GAIUS libro sexto ad edictum prouinciale. ] §2.9.4.prSi cum uno ex dominis noxalis agetur, an pro parte socii satisdare deberet? Sabinus ait non debere: quia quodammodo totum suum hominem defenderet, cui in solidum defendendi necessitas esset, nec auditur, si pro parte paratus sit defendere.
[GAIUS, in the sixth book on the Provincial Edict.] If a noxal action is brought against one of several co-owners, should he have to give security for the share of his partner? Sabinus says that he does not have to: because in a certain sense he defends the slave as entirely his own, since he is under the necessity of defending him in full; nor is he heard if he is ready to defend only in part.

Notes

  1. §2.9.4.pran ... deberet — The main verb (such as "quaeritur") is omitted, and the interrogative clause is used independently to present a legal question.
  2. §2.9.4.prcui — Relative connection (qui-connection). In this context, the antecedent refers to the co-owner against whom the action is brought (uno ex dominis), serving as a dative of possession with "necessitas esset".
  3. §2.9.4.prauditur — Used in a technical procedural sense meaning "to be heard" or "to have one's plea admitted in court." Combined with the negation "nec," it indicates that the co-owner's offer to defend only his own share is rejected.

Cite this passage

Justinian I, The Digest of Justinian §2.9.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.9.4.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.