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Justinian I · The Digest of Justinian §47.2.40.pr

Excessive Use of a Lent Beast and Theft of Use

Passage 7901 of 9271 · Latin

Summary

Paul explains that driving a lent beast of burden further than agreed, or using another's property without the owner's consent, constitutes theft (furtum usus).

[PAULUS libro nono ad Sabinum. ] §47.2.40.prQui iumenta sibi commodata longius duxerit alienaue re inuito domino usus sit, furtum facit.
[PAUL in his ninth book on Sabinus.] He who has driven beasts of burden lent to him further than agreed, or has used another's property against the will of the owner, commits theft.

Notes

  1. §47.2.40.prlongius — The comparative degree of the adverb longe (far). Here it is used to mean 'further than agreed' or 'beyond the proper limit' (absolute comparative), implying a deviation from the designated distance.
  2. §47.2.40.prinuito domino — An ablative absolute construction consisting of the ablative noun domino (owner) and the ablative adjective inuito (unwilling). It literally means 'with the owner being unwilling', functioning to express 'against the owner's will' or 'without the owner's consent'.
  3. §47.2.40.pralienaue re — The noun phrase aliena re (another's property, ablative) introduced by the enclitic -ue (or) is the ablative object governed by the deponent verb uti (to use), which appears here in the perfect (or future perfect) subjunctive form usus sit.

Cite this passage

Justinian I, The Digest of Justinian §47.2.40.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.40.pr

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