1. PRIVATE DELICTS
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BOOK FORTY-SEVEN 1 PRIVATE DELICTS 1 ULPIAN, Sabinus, book 41: It is the established rule of the civil law that heirs and other successors are not liable in penal actions, and so they cannot be sued for theft. But although they are not liable to the action for theft, they should be liable to the action for production, if they are in possession of or have fraudulently ceased to possess stolen goods; and on production, they will be liable in a vindicatio; the condictio also lies against them. 1. It is, however, equally established that an heir can bring the action for theft; for in the case of several delicts, heirs are allowed to prosecute claims; thus, an heir can bring an action under the lex Aquilia. But the action for insult does not lie to heirs. 2. Not only in respect of theft but also in other actions founding in delicts, be the actions civil or praetorian, it is the rule that liability follows the miscreant. 2 ULPIAN,Sabinus, book 43: Where several delicts run together, it is never the case that immunity is given in respect of any of them; nor does one delict reduce the penalty for another delict. 1. Consequently, a man who steals and kills a slave will be liable for the abduction by the action for theft and for the killing by the Aquilian action , and neither action excludes the other. 2. Similarly, if he take the slave by force and kill him, he will be liable to the action for goods taken by force for the former wrong and to the Aquilian action for the killing. 3. The question has been asked whether, having recovered the value of the slave by the condictio for theft, the owner can nonetheless proceed by the Aquilian action. Pomponius writes that he can because the Aquilian action proceeds on one basis of assessment and the condictio for theft on another; for the Aquilian action comprises assessment at the highest value in the past year while the condictio does not go beyond the value at the time of bringing the action . If a slave were the wrongdoer, whichever the action in respect of which he be surrendered as the culprit, the other action will lapse. 4. Again, if someone stole a BOOK FORTY-SEVEN 1 PRIVATE DELICTS 1 ULPIAN, Sabinus, book 41: It is the established rule of the civil law that heirs and other successors are not liable in penal actions, and so they cannot be sued for theft. But although they are not liable to the action for theft, they should be liable to the action for production, if they are in possession of or have fraudulently ceased to possess stolen goods; and on production, they will be liable in a vindicatio; the condictio also lies against them. 1. It is, however, equally established that an heir can bring the action for theft; for in the case of several delicts, heirs are allowed to prosecute claims; thus, an heir can bring an action under the lex Aquilia. But the action for insult does not lie tQ heirs. 2. Not only in respect of theft but also in other actions founding in delicts, be the actions civil or praetorian, it is the rule that liability follows the miscreant. 2 ULPIAN, Sabinus, book 43: Where several delicts run together, it is never the case that immunity is given in respect of any of them; nor does one delict reduce the penalty for another delict. 1. Consequently, a man who steals and kills a slave will be liable for the abduction by the action for theft and for the killing by the Aquilian action , and neither action excludes the other. 2. Similarly, if he take the slave by force and kill him, he will be liable to the action for goods taken by force for the former wrong and to the Aquilian action for the killing. 3. The question has been asked whether, having recovered the value of the slave by the condictio for theft, the owner can nonetheless proceed by the Aquilian action. Pomponius writes that he can because the Aquilian action proceeds on one basis of assessment and the condictio for theft on another; for the Aquilian action comprises assessment at the highest value in the past year while the condictio does not go beyond the value at the time of bringing the action . If a slave were the wrongdoer, whichever the action in respect of...