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Justinian I · The Digest of Justinian §41.1.25.pr

Specification in Another's Name with the Owner's Consent

Passage 6655 of 9271 · Latin

Summary

Callistratus explains an exception where, if a thing is made in another's name with the consent of the owner of the material, the entire thing becomes the property of that other person.

[CALLISTRATUS libro secundo institutionum. ] §41.1.25.prnisi uoluntate domini alterius nomine id factum sit: propter consensum enim domini tota res eius fit, cuius nomine facta est.
[CALLISTRATUS, Institutes, book 2] unless it was made in another's name by the will of the owner; for by the consent of the owner, the entire thing becomes the property of him in whose name it was made.

Notes

  1. §41.1.25.prnisi — A conditional clause introducing an exception to the rule stated in the preceding fragment (§41.1.24.pr) that 'the original owner of the material remains the owner (me eorum dominum manere)'.
  2. §41.1.25.preius... cuius — eius is a possessive genitive (or predicate genitive with fit, meaning 'becomes the property of him'), serving as the antecedent of the relative pronoun cuius.

Cite this passage

Justinian I, The Digest of Justinian §41.1.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.25.pr

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