Humanitext Reader

Justinian I · The Digest of Justinian §47.2.86.pr

Standing to Sue for Theft by Custodians and Managers

Passage 7948 of 9271 · Latin

Summary

This section discusses the standing to bring the action for theft, explaining that while those holding a thing by the owner's will (like a lessee) have the action, guardians, curators, unauthorized administrators liable for negligence, as well as certain creditors and sureties, do not.

[IDEM libro secundo manualium. ] §47.2.86.prIs, cuius interest non subripi, furti actionem habet, si et rem tenuit domini uoluntate, id est ueluti is cui res locata est.
[THE SAME, in the second book of Manuals.] He who has an interest in a thing not being stolen has the action for theft, if he also held the thing by the will of the owner, that is to say, like one to whom the thing has been let.
is autem, qui sua uoluntate uel etiam pro tutore negotia gerit, item tutor uel curator ob rem sua culpa subreptam non habet furti actionem.
However, he who manages affairs of his own accord or even on behalf of a guardian, likewise a guardian or curator, does not have the action for theft on account of a thing stolen through his own fault.
item is, cui ex stipulato uel ex testamento seruus debetur, quamuis intersit eius, non habet furti actionem: sed nec is, qui fideiussit pro colono.
Likewise, he to whom a slave is owed under a stipulation or a will, although he has an interest in it, does not have the action for theft; nor indeed does he who has become surety for a tenant farmer.

Notes

  1. §47.2.86.prcuius interest non subripi — The syntactic structure of the impersonal verb interest ('it is of interest to...'). The person who has the interest is expressed by the genitive cuius, and the object of interest is expressed by the passive infinitive non subripi ('not to be stolen').
  2. §47.2.86.prob rem sua culpa subreptam — The preposition ob ('on account of') governs the accusative rem, which is modified by the perfect passive participle subreptam, expressing the event ('on account of the thing having been stolen'). The ablative of manner/cause sua culpa ('by his own fault') modifies the participle subreptam.

Cite this passage

Justinian I, The Digest of Justinian §47.2.86.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.86.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.