Humanitext Reader

Justinian I · The Digest of Justinian §3.5.27.pr

Mandatary Liability for Managing Third-Party Affairs

Passage 599 of 9271 · Latin

Summary

Provisions regarding the liability of a person who managed the affairs of a third party (Seius) by mandate of Titius, detailing the estimation of the suit in a mandate action and the timing for Titius to bring the action.

[IAUOLENUS libro octauo ex Cassio. ] §3.5.27.prSi quis mandatu Titii negotia Seii gessit, Titio mandati tenetur lisque aestimari debet, quanto Seii et Titii interest: Titii autem interest quantum is Seio praestare debet, cui uel mandati uel negotiorum gestorum nomine obligatus est.
[JAVOLENUS, From Cassius, Book VIII] anyone has managed the affairs of Seius by mandate of Titius, he is liable to Titius on the mandate, and the suit ought to be estimated at how much it concerns Seius and Titius. Moreover, the interest of Titius is as much as he is obliged to perform to Seius, to whom he is bound either under the name of mandate or of management of affairs.
Titio autem actio competit cum eo, cui mandauit aliena negotia gerenda, et antequam ipse quicquam domino praestet, quia id ei abesse uidetur in quo obligatus est.
Furthermore, Titius has an action against the person to whom he mandated the management of another's affairs even before he himself performs anything to the principal, Seius, because that in which he is bound is deemed to be a loss to him.

Notes

  1. §3.5.27.prquanto Seii et Titii interest — The impersonal verb interest takes the genitive of the person concerned, hence Seii and Titii are in the genitive. quanto is an ablative of degree of difference ("by how much" or "to what extent").
  2. §3.5.27.prid ei abesse uidetur — abesse (to be absent/lacking) is used here in the sense of "to be lost" or "to constitute a deficit" in one's patrimony. ei is a dative of disadvantage, and the subject is id ... in quo obligatus est (that in respect of which he is bound).

Cite this passage

Justinian I, The Digest of Justinian §3.5.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.5.27.pr

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