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Justinian I · The Digest of Justinian §47.7.8.pr-47.7.8.2

Assessment of Tree Damage and Concurrence of Actions

Passage 7976 of 9271 · Latin

Summary

Paulus discusses the assessment of damages in the action for secretly cutting down trees, including the owner's interest and deduction of the tree's price, defines 'secretly', and rules on concurrence with actions for theft and production, excluding acts done by force.

[PAULUS libro trigensimo nono ad edictum. ] §47.7.8.prfacienda aestimatione, quanti domini intersit non laedi: ipsarumque arborum pretium deduci oportet et eius quod superest fieri aestimationem.
[PAULUS on the Edict, book 39] an estimation being made of how much it concerns the owner not to be injured; and the price of the trees themselves must be deducted, and an estimation be made of what remains.
§47.7.8.1Furtim arborem caedit, qui clam caedit.
He cuts down a tree secretly who cuts it down covertly.
§47.7.8.2Igitur si ceciderit et lucri faciendi causa contrectauerit, etiam furti tenebitur lignorum causa et condictione et ad exhibendum.
Therefore, if he has cut it down and appropriated it for the sake of making a gain, he will also be liable for theft on account of the timber, and by condictio, and for production.
Qui per uim sciente domino caedit, non incidit in hanc actionem.
He who cuts it down by force with the owner's knowledge does not fall under this action.

Notes

  1. §47.7.8.prfacienda aestimatione — An ablative gerundive construction, functioning either as an ablative absolute or as an ablative of means linked to the double condemnation mentioned in the preceding section.
  2. §47.7.8.prquanti domini intersit non laedi — An indirect question clause governed by the impersonal verb interest (subjunctive intersit), comprising the genitive of value quanti, the genitive of interest domini, and the passive infinitive non laedi as the subject.
  3. §47.7.8.preius quod superest — eius is a genitive qualifying aestimationem. The relative clause quod superest refers to the remaining part of the cut tree (such as the stump).
  4. §47.7.8.2lignorum causa — Formed by the genitive lignorum and causa, specifying that once the trees are converted into timber (ligna), their unlawful appropriation gives rise to a separate action for theft.

Cite this passage

Justinian I, The Digest of Justinian §47.7.8.pr-47.7.8.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.7.8.pr-47.7.8.2

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