Justinian I · The Digest of Justinian §6.2.15.pr

Purchases by Runaway Slaves and the Master's Publician Action

Passage 1166 of 9271 · Latin

Summary

Pomponius argues that if a runaway slave purchases a thing from a non-owner, the master is entitled to the Publician action even if he has not acquired actual possession of the delivered thing through that slave.

[POMPONIUS libro tertio ad Sabinum. ] §6.2.15.prSi seruus meus, cum in fuga sit, rem a non domino emat, Publiciana mihi competere debet, licet possessionem rei traditae per eum nactus non sim.

[POMPONIUS on Sabinus, book 3] If my slave, while he is in flight, should buy a thing from a non-owner, the Publician action ought to be available to me, although I have not acquired possession of the delivered thing through him.

Notes

6.2.15.prPubliciana — The feminine noun `actio` (action) is omitted, referring to the "Publician action" (*actio Publiciana*). This is a praetorian action granted to a bona fide possessor who lost possession before completing usucapion, allowing them to recover the thing as if they were already the owner.
6.2.15.prlicet ... nactus non sim — The conjunction `licet` introduces a concessive clause ("although...", "even if...") and requires the subjunctive mood. Here, `nactus sim` is the perfect subjunctive (with active meaning) of the deponent verb `nanciscor`. It indicates that the legal effect (the granting of the Publician action) extends to the master, even though he could not de facto acquire physical control (possession) through a runaway slave.

Cite this passage

Justinian I, The Digest of Justinian §6.2.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.2.15.pr

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