Humanitext Reader

Justinian I · The Digest of Justinian §43.26.13.pr

Paterfamilias' Liability for Precarium Held by Subordinates

Passage 7163 of 9271 · Latin

Summary

This section explains how the legal effects of a precarium requested by a slave or son differ for the paterfamilias depending on whether there was a mandate/ratification or if it was done without the paterfamilias's knowledge.

[POMPONIUS libro trigensimo tertio ad Quintum Mucium. ] §43.26.13.prSi seruus tuus tuo mandato precario rogauerit uel ratum habueris quod ille rogauit tuo nomine, teneberis, quasi precario habeas.
[POMPONIUS, Commentary on Quintus Mucius, book thirty-three.] If your slave, by your mandate, has requested a precarium, or if you have ratified what he requested in your name, you will be bound just as if you held it by precarium.
sed si te ignorante suo nomine uel seruus uel filius rogauerit, non uideris tu precario habere, sed illi erit actio de peculio uel de in rem uerso.
But if, without your knowledge, either a slave or a son has requested it in his own name, you are not deemed to hold it by precarium, but he will have an action concerning the peculium or concerning what has been turned to your profit.

Notes

  1. §43.26.13.prnon uideris tu precario habere — A personal construction using the passive verb "uideris" (literally, "you do not seem to hold..."), which functions here to mean "you are not deemed to hold...". It indicates that because the paterfamilias (tu) was unaware ("te ignorante"), the direct legal relationship of precarium is not established against him.
  2. §43.26.13.prilli — Refers to the grantor (the party who granted the precarium), functioning as a dative of possession with "erit actio" ("an action will belong to him"). It shows that although the direct liability of the paterfamilias is denied, the grantor can still sue the paterfamilias via the adjecticious actions (actio de peculio or actio de in rem uerso) to hold him liable to the extent of the peculium or the enrichment.

Cite this passage

Justinian I, The Digest of Justinian §43.26.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.26.13.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.