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Justinian I · The Digest of Justinian §4.9.4.pr-4.9.4.2

Mariners' Actions, Mutual Liability, and Personal Belongings

Passage 878 of 9271 · Latin

Summary

Paulus discusses when a sailor who bears the risk of goods is entitled to an action for theft, the liability when professionals receive goods from colleagues, and Vivianus' view that the edict applies also to personal belongings brought on board after leasing.

[PAULUS libro tertio decimo ad edictum. ] §4.9.4.prSed et ipsi nautae furti actio competit, cuius sit periculo, nisi si ipse subripiat et postea ab eo subripiatur, aut alio subripiente ipse nauta soluendo non sit.
[PAULUS in his thirteenth book on the Edict.] But also to the sailor himself, an action for theft is competent, provided that the risk of the thing is his; unless he himself steals it and afterwards it is stolen from him, or, when another steals it, the sailor himself is not solvent.
§4.9.4.1Si nauta nautae, stabularius stabularii, caupo cauponis receperit, aeque tenebitur.
If a sailor has received the things of a sailor, a stablekeeper of a stablekeeper, or an innkeeper of an innkeeper, he will be equally held liable.
§4.9.4.2Uiuianus dixit etiam ad eas res hoc edictum pertinere, quae post impositas merces in nauem locatasque inferentur, etsi earum uectura non debetur, ut uestimentorum, penoris cottidiani, quia haec ipsa ceterarum rerum locationi accedunt.
Vivianus said that this edict pertains also to those things which are brought into the ship after the merchandise has been put on board and leased, even if carriage for them is not owed, as for clothes and daily provisions, because these very things accede to the leasing of the other things.

Notes

  1. 4.9.4.prcuius sit periculo — The genitive relative pronoun `cuius` refers to the antecedent `nautae` and modifies `periculo`. It expresses a generalized condition ('at whose risk the thing is'), hence the subjunctive `sit`.
  2. 4.9.4.prsoluendo non sit — `soluendo` is the dative of the gerund (or gerundive) used in the idiomatic expression `soluendo esse` meaning 'to be solvent' (literally, 'to be for paying').
  3. 4.9.4.2post impositas merces in nauem locatasque — The preposition `post` governs the accusative noun `merces` with the perfect passive participles `impositas` and `locatas` in agreement, meaning 'after the merchandise has been put on board and leased' (a construction akin to 'ab urbe condita').

Cite this passage

Justinian I, The Digest of Justinian §4.9.4.pr-4.9.4.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.9.4.pr-4.9.4.2

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