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Justinian I · The Digest of Justinian §47.2.69.pr

Theft of Inherited Property and Exceptions for Pledges or Loans

Passage 7931 of 9271 · Latin

Summary

Marcellus, quoting Julian, states that as a rule, theft cannot be committed of an inherited thing, except where the deceased had pledged or lent it during his lifetime.

[MARCELLUS libro octauo digestorum. ] §47.2.69.prHereditariae rei furtum fieri Iulianus negabat, nisi forte pignori dederat defunctus aut commodauerat:
[MARCELLUS in the eighth book of the Digests.] Iulianus denied that theft of an inherited thing could be committed, unless perhaps the deceased had given it in pledge or had lent it:

Notes

  1. §47.2.69.prhereditariae rei — Genitive noun phrase modifying 'furtum' as an objective genitive ('theft of an inherited thing'). Under Roman law, taking an inherited thing before the heir takes possession generally does not constitute ordinary theft (furtum).
  2. §47.2.69.prnisi forte — Introduces the exception raised by Julian. If the deceased (defunctus) had pledged the thing or lent it as a commodatum to a third party, that party held lawful detention (detentio) over it, and violating this detention could exceptionally constitute theft (furtum).

Cite this passage

Justinian I, The Digest of Justinian §47.2.69.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.69.pr

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