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Justinian I · The Digest of Justinian §47.19.6.pr

Liability for Theft of an Inherited Thing Taken Unawares

Passage 8094 of 9271 · Latin

Summary

On the question of whether taking an inherited thing without knowing its status constitutes theft, Neratius answers in the affirmative, while Paulus dissents, arguing that theft of an inheritance cannot occur and the taker's belief changes nothing.

[PAULUS libro primo ad Neratium. ] §47.19.6.prSi rem hereditariam, ignorans in ea causa esse, subripuisti, furtum te facere respondit.
[PAULUS, in the first book of commentaries on Neratius.] If you have carried off an inherited thing, not knowing that it was in that condition, he (Neratius) answered that you commit theft.
PAULUS: rei hereditariae furtum non fit sicut nec eius, quae sine domino est, et nihil mutat existimatio subripientis.
PAULUS: theft of an inherited thing does not occur, just as it does not occur of that which is without an owner, and the belief of the person carrying it off changes nothing.

Notes

  1. §47.19.6.prin ea causa — Refers to "being in the condition of an inheritance (hereditas)"; namely, that the inheritance has opened but the property has not yet been occupied by the heir, or is legally in abeyance.
  2. §47.19.6.prrespondit — The subject of this verb is not explicitly stated, but since the title of the work is "Commentaries on Neratius," it refers to the jurist Neratius, who is being cited. In the subsequent sentence starting with "PAULUS:", Paulus himself expresses a dissenting opinion.

Cite this passage

Justinian I, The Digest of Justinian §47.19.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.19.6.pr

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