Justinian I · The Digest of Justinian §6.1.67.pr

Ownership of Lost Money Found by a Craftsman in a House

Passage 1138 of 9271 · Latin

Summary

Scaevola opines on the ownership of money found by a craftsman in a house purchased from a ward's tutor, stating that if it is lost money and not treasure-trove, it belongs to its original owner.

[SCAEUOLA libro primo responsorum. ] §6.1.67.prA tutore pupilli domum mercatus est eius refectionem fabrum induxit: is pecuniam inuenit: quaeritur ad quem pertineat.

[SCAEVOLA in the first book of Opinions.] A person bought a house from the tutor of a ward and employed a craftsman for its repair; the latter found some money. It is asked to whom it belongs.

respondi, si non thensauri fuerunt, sed pecunia forte perdita uel per errorem ab eo ad quem pertinebat non ablata, nihilo minus eius eam esse, cuius fuerat.

I answered that, if it was not treasure-trove, but money lost by chance or not carried away through error by the person to whom it belonged, it nonetheless belongs to the one whose it had been.

Notes

§6.1.67.prthensauri fuerunt — thensauri is plural, meaning treasure-trove. Although the logical subject is the found money (pecunia), the verb fuerunt is plural, agreeing with the predicate noun thensauri in number.
§6.1.67.preius eam esse, cuius fuerat — This clause is an accusative with infinitive (A.C.I.) construction depending on the verb respondi. Here, eam is the accusative subject of the infinitive esse, referring back to pecunia. eius is a genitive of possession acting as the antecedent of the relative pronoun cuius (the subject of fuerat).
시마소한명수SCAEUOLA — Scaeola

Cite this passage

Justinian I, The Digest of Justinian §6.1.67.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.67.pr

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