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Justinian I · The Digest of Justinian §46.3.78.pr

Ownership and Commingling of Another's Money Paid

Passage 7733 of 9271 · Latin

Summary

If another person's coins are paid without the owner's consent, they remain the owner's property, but if they are mixed beyond distinction, they become the recipient's property, giving the original owner an action for theft against the payer.

[IAVOLENUS libro undecimo ex Cassio. ] §46.3.78.prSi alieni nummi inscio uel inuito domino soluti sunt, manent eius cuius fuerunt: si mixti essent, ita ut discerni non possent, eius fieri qui accepit in libris Gaii scriptum est, ita ut actio domino cum eo, qui dedisset, furti competeret.
[IAVOLENUS, in his eleventh book on Cassius.]\n\nIf the money of another is paid without the knowledge or against the will of the owner, it remains the property of him to whom it belonged; but if it should be mixed with other money so that it cannot be distinguished, it is written in the books of Gaius that it becomes the property of him who received it, so that the owner has an action for theft against him who paid it.

Notes

  1. 46.3.78.prinscio uel inuito domino — An ablative absolute construction consisting of the noun 'domino' and the adjectives 'inscio' and 'inuito' (literally, "the owner being unaware or unwilling").
  2. 46.3.78.preius fieri — An accusative with infinitive clause serving as the subject of 'scriptum est in libris Gaii'. The subject accusative (referring to the coins) is omitted, and 'eius' is a possessive genitive functioning as the predicate of 'fieri' ("to become the property of him").
  3. 46.3.78.practio domino ... furti competeret — 'domino' is a dative of reference or advantage ("accrues to the owner"), and 'furti' is a genitive of charge/type with 'actio', denoting the specific action ("action of theft").

Cite this passage

Justinian I, The Digest of Justinian §46.3.78.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.78.pr

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