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Justinian I · The Digest of Justinian §47.2.80.pr

No Recovery of Theft Penalty by Debtor Stealing a Pledge

Passage 7942 of 9271 · Latin

Summary

It rules that if a debtor steals a pledge, he cannot recover the penalty he paid as a result of the action for theft brought against him.

[IDEM libro nono quaestionum. ] §47.2.80.prSi debitor pignus subripuit, quod actione furti soluit nullo modo recipit.
[THE SAME, in the ninth book of Questions.] If a debtor has stolen a pledge, he in no way recovers what he has paid under an action for theft.

Notes

  1. §47.2.80.prquod — A relative pronoun (neuter accusative singular). The antecedent demonstrative pronoun (such as id) is omitted, and the entire quod-clause functions as the direct object of the main verb recipit, meaning "what he has paid".
  2. §47.2.80.practione furti — Ablative of means or cause. It refers to the pecuniary penalty paid by the debtor as the defendant in the action for theft (actio furti) brought by the pledgee for stealing the pledged property.

Cite this passage

Justinian I, The Digest of Justinian §47.2.80.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.80.pr

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