Humanitext Reader

Justinian I · The Digest of Justinian §47.2.47.pr

Theft Action for New Owners upon Transfer of Ownership

Passage 7908 of 9271 · Latin

Summary

Explains that if the ownership of a stolen thing is transferred, the action for theft lies for the new owner, such as an heir, a possessor of goods, an adoptive father, or a legatee.

[PAULUS libro nono ad Sabinum. ] §47.2.47.prSi dominium rei subreptae quacumque ratione mutatum sit, domino furti actio competit, ueluti heredi et bonorum possessori et patri adoptiuo et legatario.
[PAULUS in his ninth book on Sabinus.] If the ownership of a stolen thing has been changed for any reason, the action for theft lies for the [new] owner, as for example for an heir, a possessor of goods, an adoptive father, and a legatee.

Notes

  1. §47.2.47.prdomino — The word "domino" here refers to the "new owner" after the change of ownership (mutatum sit). The subsequent list of persons, such as an heir (heredi) and a legatee (legatario), consists of those who succeeded to the ownership or equivalent rights of the previous owner.
  2. §47.2.47.prbonorum possessori — The "possessor of goods" (bonorum possessor), unlike the formal "heir" (heres) under civil law, refers to a person granted possession and administration of an estate under magisterial (praetorian) law. Here, they are granted the standing to sue in the same capacity as an owner (dominus).

Cite this passage

Justinian I, The Digest of Justinian §47.2.47.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.47.pr

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