Humanitext Reader

Justinian I · The Digest of Justinian §41.1.13.pr-41.1.13.1

Acquiring Ownership through an Agent or Tutor without Knowledge

Passage 6643 of 9271 · Latin

Summary

Explains the legal principle that ownership (property) is acquired by the principal or ward even without their knowledge, when a proxy or a guardian purchases and receives delivery of a thing in their name.

[NERATIUS libro sexto regularum. ] §41.1.13.prSi procurator rem mihi emerit ex mandato meo eique sit tradita meo nomine, dominium mihi, id est proprietas adquiritur etiam ignoranti.
[NERATIUS, Rules, book 6] If a proxy buys a thing for me on my mandate and it is delivered to him in my name, ownership, that is, property, is acquired by me even without my knowledge.
§41.1.13.1Et tutor pupilli pupillae similiter ut procurator emendo nomine pupilli pupillae proprietatem illis adquirit etiam ignorantibus.
And the guardian of a male or female ward, similarly to a proxy, by buying in the name of the male or female ward, acquires property for them even without their knowledge.

Notes

  1. 41.1.13.preique — The dative pronoun `ei` refers to the proxy (`procurator`). Although the thing is physically delivered to the proxy, it is done in the name of the principal (`meo nomine`), thereby transferring ownership directly to the principal.
  2. 41.1.13.prignoranti — The dative singular of the present participle `ignorans`, agreeing with `mihi` (to me). It functions as a concessive circumstantial modifier ("even while not knowing"), indicating that the acquisition of ownership is validly completed despite the principal's lack of awareness.
  3. 41.1.13.1emendo — The ablative of the gerund of `emere` (to buy), expressing means ("by buying"). In this context, it indicates the means by which the guardian, like a proxy, performs the legal act of purchasing in the name of the ward.

Cite this passage

Justinian I, The Digest of Justinian §41.1.13.pr-41.1.13.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.13.pr-41.1.13.1

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