[IDEM libro quadragensimo quarto digestorum. ] §41.1.37.prPer seruum, qui pignori datus est, creditori nec possessio adquiritur, quia nec stipulatione nec traditione nec ullo alio modo per eum seruum quicquam ei adquiritur, quamuis possessio penes eum sit.
[THE SAME, Digest, book 44] Through a slave who has been given in pledge, possession is not acquired for the creditor, because nothing is acquired for him through that slave either by stipulation or by delivery or in any other way, although the possession is in his hands.
§41.1.37.1Si unus ex dominis seruo communi pecuniam donauit, in potestate domini est, quemadmodum seruo communi pecuniam donet.
If one of the co-owners has given money to a common slave, it is within the power of the owner in what manner he gives the money to the common slave.
nam si hoc solum egerit, ut ea separetur a suis rationibus et in peculio serui sit, manebit eiusdem domini proprietas: si uero eo modo pecuniam seruo communi donauerit, quomodo alienis seruis donare solemus, fiet sociorum communis pro portione, quam in seruo habebunt.
For if he has only intended this, that the money should be separated from his own accounts and be in the peculium of the slave, the ownership of the same owner will remain; but if he has given the money to the common slave in the same manner as we are accustomed to give to the slaves of others, it will become the common property of the partners in proportion to the share they have in the slave.
§41.1.37.2Sed ut sequens quaestio locum habeat, constituamus socium ita seruo communi pecuniam donasse, ut proprietatem suam manere uellet.
But so that the following question may have a place, let us suppose that a partner has given money to a common slave in such a way that he wished his own ownership to remain.
si ex hac pecunia seruus fundum comparauerit, erit is fundus communis sociorum pro portione dominii: nam et si furtiuis nummis seruus communis fundum comparauerit, sociorum erit pro portione dominii.
If the slave has purchased land with this money, that land will be the common property of the partners in proportion to their ownership; for even if a common slave has purchased land with stolen money, it will belong to the partners in proportion to their ownership.
neque enim ut fructuarius seruus ex re fructuarii non adquirit proprietario, ita et communis seruus ex re alterius domini non adquirit alteri domino.
For it is not the case that, just as a slave subject to a usufruct does not acquire for the owner from the property of the usufructuary, so also a common slave does not acquire for one owner from the property of the other owner.
sed quemadmodum in his, quae aliunde adquiruntur, diuersa condicio est fructuarii et serui communis, ueluti cum alter fructuario non adquirat, alter dominis adquirat: ita quod ex re quidem fructuarii adquisitum fuerit, ad eum solum pertinebit, quod ex re alterius domini seruus communis adquisierit, ad utrumque dominum pertinebit.
But just as in those things which are acquired from elsewhere, the condition of a slave subject to a usufruct and that of a common slave is different, as for instance, while the former does not acquire for the usufructuary, the latter acquires for the owners; so that which has been acquired from the property of the usufructuary will belong to him alone, but what the common slave has acquired from the property of the other owner will belong to both owners.
§41.1.37.3Sicut seruus communis stipulando nominatim alteri ex dominis, ita per traditionem accipiendo soli ei adquirit.
Just as a common slave, by stipulating expressly for one of the owners, so by receiving through delivery, he acquires for him alone.
§41.1.37.4Quod unius seruus per traditionem accipiendo se accipere dixerit domino et Titio, partem domino adquiret, in parte nihil agit.
If a slave belonging to one person, in receiving through delivery, says that he receives for his owner and Titius, he acquires a share for his owner, but in respect of the other share, he achieves nothing.
§41.1.37.5Fructuarius seruus si dixerit se domino proprietatis per traditionem accipere, ex re fructuarii totum domino adquiret: nam et sic stipulando ex re fructuarii domino proprietatis adquireret.
If a slave subject to a usufruct says that he receives through delivery for the owner of the property, he acquires the whole for the owner even from the property of the usufructuary; for even by so stipulating from the property of the usufructuary, he would acquire for the owner of the property.
§41.1.37.6Si, cum mihi donare uelles, iusserim te seruo communi meo et Titii rem tradere isque hac mente acciperet, ut rem Titii faceret, nihil agetur: nam et si procuratori meo rem tradideris, ut meam faceres, is hac mente acceperit, ut suam faceret, nihil agetur.
If, when you wished to make a gift to me, I ordered you to deliver the thing to a slave common to me and Titius, and he received it with the intention of making it the property of Titius, nothing is achieved; for even if you deliver a thing to my agent so that you might make it mine, and he receives it with the intention of making it his own, nothing is achieved.
quod si seruus communis hac mente acceperit, ut duorum dominorum faceret, in parte alterius domini nihil agetur.
But if the common slave receives it with the intention of making it the property of both owners, nothing is achieved in respect of the share of the other owner.