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Justinian I · The Digest of Justinian §3.5.41.pr

Actions Against a Master for Affairs Managed at a Slave's Request

Passage 613 of 9271 · Latin

Summary

The passage discusses the distinction in liability and available actions against a master when one manages the master's affairs either at the mere prompting of a slave or as if by the slave's mandate.

[IDEM libro trigensimo secundo ad edictum. ] §3.5.41.prSi serui mei rogatu negotia mea susceperis, si dumtaxat admonitus a seruo meo id feceris, erit inter nos negotiorum gestorum actio: si uero quasi mandatu serui, etiam de peculio et de in rem uerso agere te posse responsum est.
[THE SAME, On the Edict, Book XXXII] If you have undertaken my business at the request of my slave—provided that you did so merely having been prompted by my slave—an action on business transacted shall lie between us; but if you did so as if by the mandate of the slave, it is answered that you can also bring an action concerning the peculium and concerning what has been turned to my profit.

Notes

  1. 3.5.41.prrogatu — The ablative singular of the fourth-declension noun rogatus (request, entreaty), indicating the cause or motive of the action ("at the request of").
  2. 3.5.41.prdumtaxat — A restrictive adverb meaning "merely" or "only." It limits the previous condition ("at the request of my slave") to the specific case where the person was "merely prompted" (admonitus) by the slave.
  3. 3.5.41.prquasi mandatu serui — mandatu is the ablative of the noun mandatus (mandate, order). Accompanied by quasi ("as if"), the verb of the conditional clause (susceperis or feceris) is omitted. It presents a contrasting condition: "as if it were done by the mandate of the slave," rather than by mere prompting.
  4. 3.5.41.prde peculio et de in rem uerso — Prepositional phrases referring respectively to the actio de peculio (action concerning the peculium) and actio de in rem verso (action concerning profit turned to account). These are actions of an added nature (actiones adiecticiae qualitatis) by which a master is held liable for the acts of a dependent person, modifying the infinitive agere.
  5. 3.5.41.prresponsum est — An impersonal expression meaning "it has been answered," which takes the accusative-with-infinitive clause te posse agere as its subject. A standard formulaic expression in juristic literature to indicate an opinion or ruling given by Roman jurists.

Cite this passage

Justinian I, The Digest of Justinian §3.5.41.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.5.41.pr

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