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Justinian I · The Digest of Justinian §47.2.75.pr

Theft Actions and Valuations for Buyer and Owner of Stolen Goods

Passage 7937 of 9271 · Latin

Summary

In a case where a stolen female slave bought in good faith is stolen again, this text explains the standards of valuation for the theft actions brought by the buyer and the owner, justifying why penalties are paid to two distinct persons for the same object.

[IDEM libro quarto epistularum. ] §47.2.75.prFurtiuam ancillam bona fide duorum aureorum emptam cum possiderem, subripuit mihi Attius, cum quo et ego et dominus furti agimus: quaero, quanta aestimatio pro utroque fieri debet.
[THE SAME AUTHOR, in the fourth book of Letters.] When I was in possession of a stolen female slave, bought in good faith for two aurei, Attius stole her from me; and both I and her owner are bringing actions of theft against him. I ask, how much valuation ought to be made for each of the two?
respondit: emptori duplo, quanti eius interest, aestimari debet, domino autem duplo, quanti ea mulier fuerit.
He replied: To the buyer, the valuation ought to be made at double the amount of his interest; to the owner, however, at double the value of the woman.
nec nos mouere debet, quod duobus poena furti praestabitur, quippe, cum eiusdem rei nomine praestetur, emptori eius possessionis, domino ipsius proprietatis causa praestanda est.
Nor should it trouble us that the penalty for theft will be paid to two persons, since, although it is paid on account of the same thing, it is to be paid to the buyer by reason of his possession, and to the owner by reason of his ownership.

Notes

  1. §47.2.75.prduorum aureorum emptam — The genitive phrase `duorum aureorum` is a genitive of price modifying the perfect participle `emptam`, expressing the specific price at which the female slave was bought.
  2. §47.2.75.prquanti eius interest — A construction with the impersonal verb `interest`. `quanti` is a genitive of value expressing 'to what degree', and the genitive pronoun `eius` designates the person concerned (the buyer), together meaning 'how much it is of interest to him' (his financial interest).
  3. §47.2.75.prnec nos mouere debet, quod — The clause introduced by `quod` is a substantive clause of fact, acting as the subject of the impersonal main verb phrase `nec nos mouere debet` ('it ought not to trouble us that...').
  4. §47.2.75.prcum eiusdem rei nomine praestetur — The conjunction `cum` is used here in a concessive sense ('although', 'even though'), taking the present subjunctive `praestetur` to form the subordinate clause.

Cite this passage

Justinian I, The Digest of Justinian §47.2.75.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.75.pr

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