Humanitext Reader

Justinian I · The Digest of Justinian §9.4.20.pr

Effects of Surrender and Payment in Multiple Noxal Actions

Passage 1601 of 9271 · Latin

Summary

This section explains that in cases of multiple wrongful acts, if the owner surrenders the slave in one noxal action, he is freed from further actions, whereas if he chooses to pay the damages, he remains liable for other actions.

[GAIUS libro septimo ad edictum prouinciale. ] §9.4.20.prQui ex pluribus noxis diuersis temporibus experitur, ex una noxia serui dominium nanctus nullam amplius actionem habet aduersus eum, qui dominus fuerat, cum actio noxalis caput sequatur: at si maluit dominus priori iudicio litis aestimationem sufferre, uel eidem uel alii ex alio maleficio agenti nihilo minus tenetur.
[GAIUS, Book 7 of the Commentary on the Provincial Edict] A person who sues on account of several wrongful acts at different times, if he has obtained ownership of the slave through one wrongful act, has no further action against the person who had been the owner, since a noxal action follows the person. But if the owner preferred in the prior judgment to pay the estimated value of the suit, he is nevertheless liable to the same person or to another suing on account of another wrongful act.

Notes

  1. §9.4.20.prex una noxia serui dominium nanctus — The perfect participle of the deponent verb nanciscor, nanctus (nominative singular masculine), agrees with the antecedent (Qui) of the relative clause at the beginning of the sentence, functioning as a circumstantial participle expressing condition (if he has obtained). The former owner is freed because, once ownership of the slave transfers to the plaintiff, the former owner no longer holds the status of owner required to be sued under the principle of actio noxalis caput sequitur.
  2. §9.4.20.pruel eidem uel alii ex alio maleficio agenti — The word agenti is the dative singular masculine of the present active participle of ago (to sue/bring an action), qualifying the coordinated pronouns uel eidem uel alii. This dative functions as the indirect object (or dative of reference) governed by the passive verb nihilo minus tenetur at the end of the sentence.

Cite this passage

Justinian I, The Digest of Justinian §9.4.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.4.20.pr

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