[FLORENTINUS libro sexto institutionum. ] §41.1.4.prnisi si mansuefacta emitti ac reuerti solita sunt.
[FLORENTINUS, Institutes, Book VI] unless they have been tamed and are accustomed to be let go and to return.
Justinian I · The Digest of Justinian §41.1.4.pr
Ownership of Tamed Animals with the Habit of Returning
Summary
The fragment presents an exception for tamed animals that are accustomed to being let go and returning, stating that ownership of them is not lost even if they escape custody.
Notes
- §41.1.4.prnisi si — This introduces an exception to the rule stated in the previous fragment (Gaius), which says that ownership ceases when wild animals escape custody. This is a clear example of how the compilers of the Digest connected texts from different jurists to form a continuous passage.
- §41.1.4.prmansuefacta — Nominative neuter plural of the perfect passive participle of mansuefacio ("to tame"), serving here as the subject of solita sunt. In context, it refers back to eorum (the captured animals) in the previous fragment (D.41.1.3.2).
- §41.1.4.prsolita sunt — Perfect tense of the semi-deponent verb soleo ("to be accustomed"). It takes the complementary infinitives emitti ("to be let go") and reuerti ("to return") to mean "are accustomed to be let go and to return".
Cite this passage
Justinian I, The Digest of Justinian §41.1.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.4.pr
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