Humanitext Reader

Justinian I · The Digest of Justinian §45.3.14.pr

Stipulation by a Slave in the Possession of a Thief

Passage 7522 of 9271 · Latin

Summary

Julian discusses the validity of a stipulation made by a slave in the possession of a thief, explaining that while a stipulation for the thief is void, one made with the thief's person excluded grants an action to the true master, with no action allowed for the thief.

[IULIANUS libro tertio ad Urseium Ferocem. ] §45.3.14.prSeruus meus cum apud furem esset, furi dari stipulatus est: negat furi deberi Sabinus, quia eo tempore, quo stipulatus est, ei non seruiret: sed nec ego ex ea stipulatione agere potero.
[JULIAN, from the third book on Urseius Ferox.] When my slave was in the possession of a thief, he stipulated for something to be given to the thief. Sabinus denies that there is any obligation due to the thief, because at the time when the slave stipulated, he was not in his service; but neither shall I be able to bring an action on that stipulation.
sed si detracta furis persona stipulatus est, mihi quidem adquiritur actio, sed furi nec mandati nec alia actio aduersus me dari debet.
However, if he stipulated with the person of the thief excluded, an action is indeed acquired for me, but no action on mandate nor any other action against me ought to be granted to the thief.

Notes

  1. §45.3.14.prfuri dari — A passive infinitive construction serving as the object of 'stipulatus est'. Literally meaning 'to be given to the thief', it indicates that the slave bound the promisor to make a performance to a third party (the thief who holds him).
  2. §45.3.14.prdetracta furis persona — An ablative absolute clause meaning 'with the person of the thief excluded'. It refers to a situation where the slave made a stipulation in a general form without specifying the thief as the designated beneficiary, thereby acquiring the right for his true master.

Cite this passage

Justinian I, The Digest of Justinian §45.3.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.3.14.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.