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Justinian I · The Digest of Justinian §39.5.13.pr

Acquisition of Gifts through a Common Slave and Donor Intent

Passage 6228 of 9271 · Latin

Summary

This text explains that even if a common slave accepts a delivered object with an intention different from the donor's intent, the ownership is still acquired according to the donor's intent, drawing an analogy with the case of a procurator.

[IDEM libro septimo disputationum. ] §39.5.13.prQui mihi donatum uolebat, seruo communi meo et Titii rem tradidit: seruus uel sic accepit quasi socio adquisiturus uel sic quasi mihi et socio: quaerebatur quid ageret.
[THE SAME in the seventh book of discussions.] A person who wished to make a donation to me delivered a thing to a slave owned in common by me and Titius. The slave accepted it either as if he were going to acquire it for the partner, or as if for me and the partner; it was asked what the legal effect was.
et placet, quamuis seruus hac mente acceperit, ut socio meo uel mihi et socio adquirat, mihi tamen adquiri: nam et si procuratori meo hoc animo rem tradiderit, ut mihi adquirat, ille quasi sibi adquisiturus acceperit, nihil agit in sua persona, sed mihi adquirit.
And it is held that, although the slave accepted it with the intention of acquiring it for my partner or for me and the partner, it is nevertheless acquired for me; for even if a person delivers a thing to my procurator with the intention of acquiring it for me, and the latter accepts it as if he were going to acquire it for himself, he effects nothing in his own person, but acquires it for me.

Notes

  1. §39.5.13.prdonatum uolebat — donatum is the accusative neuter singular of the perfect passive participle of donare, used substantively or with an implied noun like rem, expressing the subjective intent "wished a donation to be made" in combination with uolebat.
  2. §39.5.13.prplacet ... mihi tamen adquiri — The impersonal verb placet ("it is held") forms the main clause and governs the accusative and infinitive (AcI) construction mihi adquiri ("to be acquired for me"), with the concessive clause starting with quamuis inserted in between.
  3. §39.5.13.prnihil agit in sua persona — in sua persona means "in his own person/capacity". It indicates that even if the procurator intended to acquire the thing for himself, this intention effects nothing in his own legal sphere (nihil agit), and the acquisition occurs solely for the principal.

Cite this passage

Justinian I, The Digest of Justinian §39.5.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.5.13.pr

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