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Justinian I · The Digest of Justinian §47.6.6.pr-47.6.6.2

Actions for Theft by Co-Heirs and Limits on Recovery

Passage 7968 of 9271 · Latin

Summary

Describes the opinions of Labeo and Scaevola regarding the scope and limits of the heirs' right of action when one of the co-heirs has recovered double for a theft, or when the deceased had recovered a part of it before his death.

[SCAEUOLA libro quarto quaestionum. ] §47.6.6.prLabeo putat, si coheres meus, quod furtum familia cuius fecisset, duplum abstulisset, me non impediri, quo minus dupli agam, eoque modo fraudem edicto fieri esseque iniquum plus heredes nostros ferre, quam ferremus ipsi.
[SCAEVOLA on Questions, book 4] Labeo thinks that if my co-heir has taken double for a theft which someone's household of slaves had committed, I am not prevented from suing for double, and that in this way a fraud on the edict would be committed and it is unfair for our heirs to obtain more than we ourselves would obtain.
§47.6.6.1Idem, si defunctus minus duplo abstulit, adhuc singulos heredes recte experiri.
The same writer thinks that if the deceased has taken less than double, the individual heirs can still properly bring an action.
§47.6.6.2Scaeuola respondit: uerius puto partes eius heredes persecuturos, sed ut cum eo, quod defunctus abstulit, uterque heres non plus duplo ferat.
Scaevola answered: I think it is more correct that the heirs will pursue his shares, but on the condition that, combined with what the deceased has taken, neither heir obtains more than double.

Notes

  1. §47.6.6.prquod furtum familia cuius fecisset — The genitive "cuius" of the indefinite pronoun "quis" modifies "familia" ("the household of someone"). "quod" is a relative pronoun agreeing with its antecedent "furtum" (neuter accusative singular, direct object of "fecisset"), introducing the clause "the theft which...".
  2. §47.6.6.prquo minus dupli agam — A subordinate clause introduced by "quo minus" depending on the verb of hindering "impediri" ("prevented from..."). "dupli" is a genitive of charge or value, modifying "agam" (from "agere", to bring an action), indicating the claim for double value.
  3. §47.6.6.2partes eius heredes persecuturos — An accusative-with-infinitive construction in indirect discourse, where "heredes" is the subject accusative and "persecuturos [esse]" is the future active infinitive. "eius" is a demonstrative genitive referring to the deceased ("defunctus"), modifying "partes" ("his shares").

Cite this passage

Justinian I, The Digest of Justinian §47.6.6.pr-47.6.6.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.6.6.pr-47.6.6.2

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