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Justinian I · The Digest of Justinian §47.2.13.pr

Action for Theft and Creditors in Case of Delayed Delivery

Passage 7873 of 9271 · Latin

Summary

This section explains that a creditor entitled to a thing under a stipulation does not have the action for theft if the thing is stolen, even if the debtor was responsible for the delay in delivery.

[PAULUS libro quinto ad Sabinum. ] §47.2.13.prIs, cui ex stipulatu res debetur, furti actionem non habet, si ea subrepta sit, cum per debitorem stetisset, quo minus eam daret.
[PAULUS, on Sabinus, Book V.] He to whom a thing is owed under a stipulation does not have the action for theft if it has been stolen, even though it had been due to the debtor that he did not deliver it.

Notes

  1. §47.2.13.prcum per debitorem stetisset, quo minus eam daret — The idiomatic expression `per aliquem stat, quo minus...` (it is due to someone that ... not) is used here. The pluperfect subjunctive `stetisset` is introduced by the concessive conjunction `cum`, meaning "even though it had been due to the debtor that he did not deliver it." This indicates that the debtor's default or delay (mora) does not grant the creditor the right to bring the action for theft (actio furti).

Cite this passage

Justinian I, The Digest of Justinian §47.2.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.13.pr

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