Humanitext Reader

Justinian I · The Digest of Justinian §33.7.13.pr-33.7.13.1

Scope of Managers in Bequests of Tavern and Bath Equipment

Passage 5073 of 9271 · Latin

Summary

Citing the opinion of Neratius, the text discusses the distinction between the equipment of a tavern as a physical shop and that as a business, specifically regarding whether managers are included in the bequest, and notes that a bath-attendant is included in a bequest of bath equipment.

[PAULUS libro quarto ad Sabinum. ] §33.7.13.prTabernae cauponiae instrumento legato etiam institores contineri Neratius existimat: sed uidendum, ne inter instrumentum tabernae cauponiae et instrumentum cauponae sit discrimen, ut tabernae non nisi loci instrumenta sint, ut dolia uasa ancones calices trullae, quae circa cenam solent traici, item urnae aereae et congiaria sextaria et similia: cauponae autem, cum negotiationis nomen sit, etiam institores.
[PAULUS in the fourth book On Sabinus.] Neratius thinks that when the equipment of a tavern shop is bequeathed, the managers are also contained; but it must be seen whether there is a distinction between the equipment of a tavern shop and the equipment of a tavern business, such that the equipment of a shop consists only of the equipment of the place, such as jars, vessels, handled cups, cups, ladles, which are accustomed to be passed around during dinner, likewise bronze urns and liquid measures and the like; whereas the equipment of a tavern business, since it is the name of a trade, also contains the managers.
§33.7.13.1Instrumento balneario legato etiam balneatorem contineri Neratius respondit:
Neratius replied that when bath equipment is bequeathed, the bath-attendant is also contained.

Notes

  1. §33.7.13.prsed uidendum, ne inter instrumentum tabernae cauponiae et instrumentum cauponae sit discrimen — The conjunction ne following the impersonal gerundive (uidendum [est]) expresses an inquiry or concern ("whether perhaps there is"). Here, it introduces the author's cautious reservation about whether a legal distinction (discrimen) should be made between taberna cauponia (the shop as a physical location) and caupona (the tavern as a business/trade).
  2. §33.7.13.prcauponae autem, cum negotiationis nomen sit, etiam institores — In this clause, cauponae (genitive) is contrasted with tabernae (genitive) in the preceding sentence by the conjunction autem, with the predicate (such as contineri or instrumentum esse) being omitted. The phrase cum negotiationis nomen sit is a subjunctive of cause (cum-causal), implying that because the word caupona signifies a business (negotiatio), its equipment also encompasses the human element, i.e., the managers (institores).

Cite this passage

Justinian I, The Digest of Justinian §33.7.13.pr-33.7.13.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.7.13.pr-33.7.13.1

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.