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Justinian I · The Digest of Justinian §25.2.28.pr

Borrower's Theft Action Against Wife Stealing Husband's Property

Passage 3703 of 9271 · Latin

Summary

Explains that if a wife steals her husband's property from a borrower, and the borrower is sued, the borrower has an action for theft against the wife, even though the husband himself cannot bring such an action.

[PAULUS libro sexto quaestionum. ] §25.2.28.prSi uxor rem uiri ei, cui eam uir commodauerit, subripuerit isque conuentus sit, habebit furti actionem, quamuis uir habere non possit.
[PAULUS, Questions, book 6.] If a wife steals a thing belonging to her husband from a person to whom the husband has lent it, and that person is sued, he will have an action for theft, although the husband himself cannot have one.

Notes

  1. §25.2.28.prei... subripuerit — The dative ei is used with the verb of taking away subripuerit (future perfect or perfect subjunctive of subripio) as a dative of separation (or disadvantage), meaning 'steals from him'.
  2. §25.2.28.prconuentus sit — The verb conuenire in a legal context means 'to sue, to bring an action against someone'. Here it refers to the borrower (commodatarius) being sued (typically by the husband/lender) regarding his liability for safe-keeping (custodia).
  3. §25.2.28.prquamuis uir habere non possit — Under Roman law, an action for theft (actio furti) cannot be brought between spouses (instead, an actio rerum amotarum is available), so the husband 'cannot have' this action against his wife. However, the borrower, who is liable for safe-keeping (custodia), has a sufficient interest to bring the actio furti.

Cite this passage

Justinian I, The Digest of Justinian §25.2.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:25.2.28.pr

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