Humanitext Reader

Justinian I · The Digest of Justinian §3.5.21.pr

Loss of Goods Necessarily Bought in Business Management

Passage 593 of 9271 · Latin

Summary

Gaius discusses that a person managing another's business (whether hereditary or individual) who necessarily purchases goods can recover the expenses through the action for business management even if the goods perish by accident, provided there was no fault on his part.

[GAIUS libro tertio ad edictum prouinciale. ] §3.5.21.prSiue hereditaria negotia siue ea, quae alicuius essent, gerens aliquis necessario rem emerit, licet ea interierit, poterit quod impenderit iudicio negotiorum gestorum consequi: ueluti si frumentum aut uinum familiae parauerit idque casu quodam interierit, forte incendio ruina.
[GAIUS, On the Provincial Edict, book three] Whether managing hereditary business or that which belongs to someone, if someone has of necessity purchased a thing, even though it has perished, he will be able to recover what he expended by the action for business management: for instance, if he provided grain or wine for the slaves and it perished by some accident, such as by fire or collapse of a building.
sed ita scilicet hoc dici potest, si ipsa ruina uel incendium sine uitio eius acciderit: nam cum propter ipsam ruinam aut incendium damnandus sit, absurdum est eum istarum rerum nomine, quae ita consumptae sunt, quicquam consequi.
But this, of course, can only be said if the collapse or fire itself occurred without his fault: for since he would have to be condemned on account of the collapse or fire itself, it is absurd that he should recover anything on account of those things which were thus destroyed.

Notes

  1. §3.5.21.prea, quae alicuius essent — The neuter plural pronoun ea refers back to negotia, meaning 'business belonging to someone (who is alive),' in contrast to hereditaria negotia (hereditary business). The subjunctive essent is a subjunctive of characteristic, hypothetically indicating the business of an unspecified general subject.
  2. §3.5.21.prlicet ea interierit — The concessive conjunction licet (although) is used here with the perfect subjunctive interierit (from intereo). The subject pronoun ea (feminine singular) refers back to the recently purchased thing (rem).
  3. §3.5.21.prdamnandus sit — A periphrastic conjugation consisting of the gerundive damnandus (to be condemned/held liable) and the present subjunctive sit. It is used here in a cum-clause of cause/reason, meaning 'since he would have to be held liable for the collapse or fire itself.'

Cite this passage

Justinian I, The Digest of Justinian §3.5.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.5.21.pr

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