Humanitext Reader

Justinian I · The Digest of Justinian §40.12.20.pr-40.12.20.4

Double Liability on Obligations and Fourfold Actions

Passage 6585 of 9271 · Latin

Summary

Ulpian discusses the scope of doubling for amounts given or obligations incurred in a status lawsuit, defines the meaning of obligation in this context, and explains a case where a fourfold action arises.

[ULPIANUS libro quinquagensimo quinto ad edictum. ] §40.12.20.pruel obligatus est, duplari debere.
[ULPIAN on the Edict, book fifty-five.] or became obligated, [that amount] ought to be doubled.
§40.12.20.1Proinde si quid cuidam ob hanc actionem licito iure dedit, dicendum est in hoc edictum cadere duplariue.
Accordingly, if anyone gave anything to someone lawfully on account of this action, it must be said to fall under this edict or to be doubled.
§40.12.20.2Obligatum uel ipsi uenditori accipere debemus uel alii obligatum: nam quod dedit, siue ipsi uenditori siue alii ex iussu eius siue ipse siue alius dederit, aeque continebitur.
We must understand "one who is obligated" as obligated either to the seller himself or to another; for what he gave, whether to the seller himself or to another by his order, and whether he himself or another gave it, will equally be included.
§40.12.20.3Obligatum accipere debemus, si exceptione se tueri non potest: ceterum si potest, dicendum non esse obligatum.
We must understand "one who is obligated" [in this sense] if he cannot defend himself by an exception; but if he can, it must be said that he is not obligated.
§40.12.20.4Interdum euenit, ut is qui comparauit habeat in quadruplum actionem: nam in ipsum quidem, qui sciens pro seruo ueniit, hinc habet in duplum actionem et praeterea in uenditorem uel eum, qui duplam promisit, in duplum actio est,
It sometimes happens that he who bought has an action for fourfold; for against the person himself who, knowing [his status], was sold as a slave, he has from this source an action for double, and in addition there is an action for double against the seller or the one who promised double,

Notes

  1. §40.12.20.prduplari debere — Parallel to the actions listed in the preceding section (§40.12.19.pr) such as giving or exchanging, the subject of the infinitive `debere` is understood as the value given or the obligation incurred.
  2. §40.12.20.1duplariue — The passive infinitive `duplari` with the enclitic conjunction `-ue` ('or'). It is coordinated with `cadere` as an infinitive governed by `dicendum est`.
  3. §40.12.20.4ueniit — The perfect indicative of the verb `veneo` ('to be sold'). Although easily confused with `venit` (the perfect of `venio`, 'to come'), here it refers to the person who, knowing his status, was 'sold' as a slave.

Cite this passage

Justinian I, The Digest of Justinian §40.12.20.pr-40.12.20.4. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.12.20.pr-40.12.20.4

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.