Humanitext Reader

Justinian I · The Digest of Justinian §41.1.35.pr

Mistaken Delivery of Own Property by Agents or Tutors

Passage 6665 of 9271 · Latin

Summary

This section explains the rule that if an agent or a tutor mistakenly delivers their own property as if it belonged to the principal or the ward, ownership is not transferred and the alienation is void.

[IDEM libro septimo disputationum. ] §41.1.35.prSi procurator meus uel tutor pupilli rem suam quasi meam uel pupilli alii tradiderint, non recessit ab eis dominium et nulla est alienatio, quia nemo errans rem suam amittit.
[THE SAME, On Disputations, book 7] If my agent or the tutor of a ward should deliver their own property to another as if it were mine or the ward's, ownership does not depart from them and there is no alienation, because no one loses their own property while acting under a mistake.

Notes

  1. §41.1.35.prtradiderint — The verb of the conditional clause (Si-clause) in the future perfect third person plural. Although the subject consists of two singular nouns connected by uel (procurator meus uel tutor pupilli), the verb is in the plural. It represents an action completed prior to the consequence in the main clause.
  2. §41.1.35.prerrans — The present participle (nominative singular) of errare (to err, mistake), modifying the subject nemo. It functions adverbially to express an attendant circumstance ('while acting under a mistake') or a causal relation ('because of being mistaken').

Cite this passage

Justinian I, The Digest of Justinian §41.1.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.35.pr

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