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Justinian I · The Digest of Justinian §6.1.61.pr

Ownership of Ships Repaired or Built with Another's Materials

Passage 1132 of 9271 · Latin

Summary

It records Minicius's response that ownership is maintained when one repairs one's ship with another's material, along with Julian's qualification that in the case of newly building a ship, the outcome is different as ownership follows the status of the keel.

[IULIANUS libro sexto ex Minicio. ] §6.1.61.prMinicius interrogatus, si quis nauem suam aliena materia refecisset, num nihilo minus eiusdem nauis maneret. respondit manere.
[JULIAN in the sixth book from Minicius.] Minicius, having been asked whether, if someone had repaired his own ship with another person's material, it nonetheless remained the property of the same owner, answered that it did.
sed si in aedificanda ea idem fecisset, non posse IULIANUS notat: nam proprietas totius nauis carinae causam sequitur.
But Julian notes that if he had done the same in building it, this is not possible; for the ownership of the entire ship follows the condition of the keel.

Notes

  1. §6.1.61.preiusdem — Genitive of possession, referring to an implied owner (such as `domini`). It means "remained the property of the same owner." `nauis` is the subject of the verb `maneret`.
  2. §6.1.61.prnon posse — An accusative-with-infinitive construction functioning as the object of `Iulianus notat`. The omitted subject and complement are understood from the preceding context as `nauem eiusdem manere non posse` (that the ship cannot remain the property of the same owner).
  3. §6.1.61.prcarinae causam — `causa` here means legal "condition," "status," or "legal position," rather than "cause" or "reason." It refers to the legal doctrine of accession or specification, where the ownership of the whole ship follows the legal status of the keel (`carina`), which is the foundation of the vessel.

Cite this passage

Justinian I, The Digest of Justinian §6.1.61.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.61.pr

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