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Justinian I · The Digest of Justinian §47.10.16.pr

Injury to a Common Slave and Damages Proportional to Shares

Passage 8017 of 9271 · Latin

Summary

This section presents Pedius's view that in the case of injury to a co-owned slave, the condemnation should not exceed the share owned by each master, and the shares must be assessed by the office of the judge.

[PAULUS libro quadragensimo quinto ad edictum. ] §47.10.16.prsed non esse aequum pro maiore parte, quam pro qua dominus est, damnationem fieri Pedius ait: et ideo officio iudicis portiones aestimandae erunt.
[PAULUS, on the Edict, book 45] But Pedius says that it is not equitable for a condemnation to be made for a greater share than that which the master owns; and therefore, the shares will have to be assessed by the office of the judge.

Notes

  1. §47.10.16.prpro maiore parte, quam pro qua dominus est — The prepositional phrase pro parte is omitted after quam, and the relative pronoun qua refers to this omitted parte. The entire clause means "for a greater share than that which the master owns (literally, 'than the share in respect of which he is master')."
  2. §47.10.16.profficio iudicis — An ablative of means or manner, meaning "by the office of the judge" or "by the judge's official duty/discretion." It refers to the power of the judge (officium iudicis) to evaluate and decide autonomously during the trial.

Cite this passage

Justinian I, The Digest of Justinian §47.10.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.10.16.pr

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