Ex Minicio libri
Ex libro III
Dig. 41,1,39Iulianus libro tertio ex Minicio. Etiam furtivus servus bonae fidei emptori adquirit, quod ex re eius stipulatur aut per traditionem accipit.
Julianus, On Minicius, Book III. Even a slave who has been stolen acquires for a purchaser in good faith, if he makes a stipulation, or receives by delivery anything obtained by means of his property.
Dig. 44,7,21Iulianus libro tertio ex Minicio. Contraxisse unusquisque in eo loco intellegitur, in quo ut solveret se obligavit.
Julianus, On Minicius, Book V. Everyone is considered to have made a contract in the place where he bound himself to pay.
Dig. 47,2,60Idem libro tertio ex Minicio. Si is, qui rem commodasset, eam rem clam abstulisset, furti cum eo agi non potest, quia suum recepisset et ille commodati liberatus esset. hoc tamen ita accipiendum est, si nullas retinendi causas is cui commodata res erat habuit: nam si impensas necessarias in rem commodatam fecerat, interfuit eius potius per retentionem eas servare quam ultro commodati agere, ideoque furti actionem habebit.
The Same, On Minicius, Book III. When anyone who has lent an article for use steals it, an action for theft cannot be brought against him, because he only took what was his, and the other party to the transaction will be released from any liability growing out of the loan. This, however, should only pe considered to refer to cases where he to whom the article was lent had no reason for retaining it. For if he had incurred any necessary expense on account of the article lent, it is rather to his interest to retain it than to bring an action based on the loan, and therefore he will be entitled to an action for theft.
Dig. 47,7,10Iulianus libro tertio ex Minicio. Si gemina arbor esset et supra terram iunctura eius emineret, una arbor videtur esse. sed si id qua iungeretur non exstaret, totidem arbores sunt, quot species earum supra terram essent.
Julianus, On Minicius, Book III. Where there are two parts of one tree, and they are united above the ground, they are regarded as a single tree. But if the point of union is not visible, there are as many trees as there are trunks above the surface.