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Justinian I · The Digest of Justinian §47.2.5.pr-47.2.5.1

Capture Before or After Destination in Manifest Theft

Passage 7865 of 9271 · Latin

Summary

Ulpian, citing Cassius, explains the distinction that a thief caught before bringing the stolen property to its destination is a manifest thief, whereas one caught after its arrival is not.

[ULPIANUS libro quadragensimo primo ad Sabinum. ] §47.2.5.prSiue igitur in publico siue in priuato deprehendatur, antequam ad locum destinatum rem perferret, in ea causa est, ut fur manifestus sit, si cum re furtiua deprehendatur: et ita Cassius scripsit.
[ULPIANUS libro quadragensimo primo ad Sabinum.] Therefore, whether he is caught in a public or a private place before he has carried the property to the destined place, he is in such a position that he is a manifest thief, if he is caught with the stolen property; and so Cassius wrote.
§47.2.5.1Sed si pertulit quo destinauit, tametsi deprehendatur cum re furtiua, non est manifestus fur.
But if he has carried it to the place where he intended, even though he is caught with the stolen property, he is not a manifest thief.

Notes

  1. §47.2.5.prin ea causa est, ut — The idiom in ea causa esse ut... means 'to be in such a situation or position that...'. Here, the ut clause refers back to the demonstrative adjective ea and functions as a noun clause (or consecutive clause) explaining the specific legal status (being a manifest thief) in which the subject is placed.
  2. §47.2.5.prperferret — The imperfect subjunctive perferret introduced by antequam ('before') is used alongside the present subjunctive main verb (deprehendatur). It implies that the action of carrying the property to the destination was not completed, and suggests a subjective intention or purpose in the past ('before he could carry it').
  3. §47.2.5.1quo — A relative adverb of direction ('whither' or 'to where'), where the antecedent (such as eo) is omitted. The entire phrase quo destinauit means 'to the place where he intended'.

Cite this passage

Justinian I, The Digest of Justinian §47.2.5.pr-47.2.5.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.5.pr-47.2.5.1

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