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Justinian I · The Digest of Justinian §47.2.91.pr-47.2.91.1

Fuller's Discharge from Liability and Intent in Aid

Passage 7953 of 9271 · Latin

Summary

It rules that if a fuller is released from liability under an action on letting by the owner, his interest ceases and thus he cannot successfully bring an action for theft, or the thief must be acquitted. It also states that one who cannot form an intent to steal cannot provide assistance or advice to another.

[IAUOLENUS libro nono ex posterioribus Labeonis. ] §47.2.91.prFullo actione locati de domino liberatus est: negat eum furti recte acturum Labeo.
[JAVOLENUS, in his ninth book on the Epitomes of Labeo's Posterior Works.] A fuller has been released by the owner from an action on letting: Labeo denies that he can properly bring an action for theft.
item si furti egisset, priusquam ex locato cum eo ageretur et, antequam de furto iudicaretur, locati actione liberatus esset, et fur ab eo absolui debet.
Likewise, if he had brought an action for theft before an action on letting was brought against him, and, before judgment was given on the theft, he had been released from the action on letting, the thief also ought to be acquitted against him.
quod si nihil eorum ante accidisset, furem ei condemnari oportere.
But if none of these things had happened before, the thief ought to be condemned to him.
haec idcirco, quoniam furti eatenus habet actionem, quatenus eius interest.
This is because he has an action for theft only to the extent that he has an interest.
§47.2.91.1Nemo opem aut consilium alii praestare potest, qui ipse furti faciendi consilium capere non potest.
No one can provide assistance or advice to another, who himself cannot form the intention of committing theft.

Notes

  1. §47.2.91.prfurti recte acturum — The verb "acturum" is a future infinitive with "esse" omitted ("acturum esse"), forming an accusative with infinitive (A.C.I.) construction dependent on "negat". The subject of the infinitive is the accusative "eum" (the fuller). "furti" is a genitive of charge used with "agere" (here "acturum") to denote the action or crime for which one is prosecuted.
  2. §47.2.91.prcondemnari oportere — Departing from the direct influence of "negat" in the preceding clause, the infinitive "oportere" of the impersonal verb "oportet" is used to report Labeo's opinion in indirect speech (oratio obliqua). Its subject is the accusative "furem", which is the semantic subject of the passive infinitive "condemnari". The pluperfect subjunctive "accidisset" in the preceding "quod si" clause corresponds to a past conditional sentence within indirect speech.
  3. §47.2.91.preius interest — The impersonal verb "interest" (it concerns, is of interest to) takes the genitive of the person concerned, here "eius" (his, referring to the fuller). The correlatives "eatenus... quatenus..." function as adverbial phrases meaning "to such an extent... as...".

Cite this passage

Justinian I, The Digest of Justinian §47.2.91.pr-47.2.91.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.91.pr-47.2.91.1

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