Humanitext Reader

Justinian I · The Digest of Justinian §47.2.44.pr-47.2.44.2

Theft by False Agents and by Slaves Manumitted in Wills

Passage 7905 of 9271 · Latin

Summary

This fragment discusses whether theft is committed when a false proxy receives payment by order of the debtor, when an owner delivers their own property to someone who knows it is the owner's, and whether an action for theft lies against a slave of an inheritance who is manumitted by testament and commits theft against the heir.

[POMPONIUS libro nono decimo ad Sabinum. ] §47.2.44.prSi iussu debitoris ab alio falsus procurator creditoris accepit, debitori iste tenetur furti et nummi debitoris erunt.
[POMPONIUS in his nineteenth book on Sabinus.] If, by order of the debtor, a false proxy of the creditor has received money from another person, that proxy is held liable for theft to the debtor, and the coins will belong to the debtor.
§47.2.44.1Si rem meam quasi tuam tibi tradidero scienti meam esse, magis est furtum te facere, si lucrandi animo id feceris.
If I should deliver my property to you as if it were yours, when you know that it is mine, it is more correct that you commit theft, if you have done this with the intention of making a profit.
§47.2.44.2Si seruus hereditarius nondum adita hereditate furtum heredi fecerit, qui testamento domini manumissus est, furti actio aduersus eum competit, quia nullo tempore heres dominus eius factus est.
If a slave belonging to an inheritance, before the inheritance has been accepted, should commit theft against the heir, and this slave has been manumitted by the testament of his master, an action for theft lies against him, because at no time did the heir become his master.

Notes

  1. 47.2.44.1scienti meam esse — This consists of the present participle "scienti" (dative singular) modifying the pronoun "tibi", and the accusative-with-infinitive clause "meam [rem] esse" serving as its grammatical object, meaning "to you who know that it is my property."
  2. 47.2.44.2nondum adita hereditate — An ablative absolute construction consisting of the noun "hereditate" and the perfect participle "adita", indicating the time or condition "before the inheritance has been accepted."
  3. 47.2.44.2qui testamento domini manumissus est — The antecedent of the relative pronoun "qui" is not the immediately preceding dative "heredi", but the subject of the main clause, "seruus hereditarius". It indicates that the slave in question was manumitted by the master's testament.

Cite this passage

Justinian I, The Digest of Justinian §47.2.44.pr-47.2.44.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.44.pr-47.2.44.2

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.