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Justinian I · The Digest of Justinian §9.2.38.pr

Injury to Bona Fide Possessed Slave by Buyer's Slave

Passage 1555 of 9271 · Latin

Summary

This fragment establishes that if a slave bought in good faith is injured by the buyer's own slave while serving that buyer, the true owner has the right to bring an action under the Lex Aquilia against the buyer.

[IDEM libro nono epistularum. ] §9.2.38.prSi eo tempore, quo tibi meus seruus quem bona fide emisti seruiebat, ipse a seruo tuo uulneratus est, placuit omnimodo me tecum recte lege Aquilia experiri.
[THE SAME, in the ninth book of his Epistles.] If, at the time when my slave, whom you bought in good faith, was serving you, he himself was wounded by your slave, it has been decided that in any event I can properly bring an action under the Lex Aquilia against you.

Notes

  1. §9.2.38.prplacuit ... me ... experiri — The accusative-with-infinitive clause containing the subject accusative 'me' and the infinitive 'experiri' of the deponent verb 'experior' (to bring an action) functions as the subject of the impersonal verb 'placuit' (it is accepted / resolved).

Cite this passage

Justinian I, The Digest of Justinian §9.2.38.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.2.38.pr

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