Humanitext Reader

Justinian I · The Digest of Justinian §47.2.84.pr-47.2.84.1

Possession as Heir of a Living Person and Distinct Actions

Passage 7946 of 9271 · Latin

Summary

It is explained that possessing property as an heir without knowing the deceased is actually alive does not constitute theft, and that a personal theft action and an action based on a slave's conduct are distinct, precluding the exception of a single theft.

[NERATIUS libro primo responsorum. ] §47.2.84.prSi quis ex bonis eius, quem putabat mortuum, qui uiuus erat, pro herede res adprehenderit, eum furtum non facere.
[NERATIUS, in the first book of Responses.] If anyone has taken possession of things as heir from the property of someone whom he believed to be dead, but who was alive, he does not commit theft.
§47.2.84.1Ei, eum quo suo nomine furti actum est, si serui nomine de alia re aduersus eum agatur, non dandam exceptionem furti una facti.
To a person against whom an action for theft has been brought in his own name, if an action is brought against him in the name of his slave concerning another thing, the exception of a single theft committed ought not to be granted.

Notes

  1. §47.2.84.preum furtum non facere — An accusative with infinitive construction in indirect speech. The main governing verb (such as 'respondit') is omitted to state the essence of the jurist's response directly.
  2. §47.2.84.1eum quo — A traditional manuscript reading commonly understood as 'cum quo'. It forms part of the formulaic legal expression 'agere cum aliquo' (to bring an action against someone).
  3. §47.2.84.1non dandam exceptionem furti una facti — The gerundive 'dandam' (with 'esse' omitted) expresses necessity or obligation ('ought not to be granted'). 'furti una facti' refers to the 'exception of a single theft committed', a defense plea (exceptio) used to prevent duplicate actions arising from what is claimed to be a single transaction.

Cite this passage

Justinian I, The Digest of Justinian §47.2.84.pr-47.2.84.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.84.pr-47.2.84.1

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