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Justinian I · The Digest of Justinian §45.3.6.pr

Acquisition by Delivery and Other Acts Solely for the Commanding Master

Passage 7514 of 9271 · Latin

Summary

It presents the opinion of Ofilius, supported by Cassius and Sabinus, that acquisition can be made solely for the master who gave the command, not only through stipulation but also through delivery, deposit, or lending.

[POMPONIUS libro uicensimo sexto ad Sabinum. ] §45.3.6.prOfilius recte dicebat et per traditionem accipiendo uel deponendo commodandoque posse soli ei adquiri, qui iussit: quae sententia et Cassii et Sabini dicitur.
[POMPONIUS, in the twenty-sixth book on Sabinus.] Ofilius rightly said that, also by receiving through delivery, or by depositing and lending, acquisition can be made for him alone who gave the command; which opinion is said to be both Cassius' and Sabinus'.

Notes

  1. §45.3.6.pret per traditionem — The conjunction et functions here as an additive or emphasizing particle ('also', 'even'), indicating that the same rule of acquisition applies to other legal acts such as delivery (traditio) in addition to the oral stipulation (stipulari) discussed in the preceding section (45.3.5.pr).
  2. §45.3.6.praccipiendo uel deponendo commodandoque — These are gerunds in the ablative case, expressing the means or instrument (ablative of means) by which the acquisition (adquiri) is accomplished.
  3. §45.3.6.prsoli ei adquiri, qui iussit — soli ei is a dative pronoun, modified by the relative clause qui iussit, acting as the dative object of the passive infinitive adquiri, which is used impersonally. Together with posse, it forms an accusative and infinitive construction dependent on dicebat.

Cite this passage

Justinian I, The Digest of Justinian §45.3.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.3.6.pr

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