This case was debated by the medieval jurists in the twelfth century as they tried, like us, to make sense of the vast body of Roman law and jurisprudence in Justinians compilation. I tried to choose cases in keeping with the themes we discussed in class. The medieval jurists created hypothetical cases to think their way through Roman law. They then provided citations to argue both sides of an issue. The terms actor and reus refer to the plaintiff and defendant in a case.
Directions:
For the following case choose four texts cited in support of the case, two on the side of the actor and two on the side of the reus (choose the texts that you think best prove the case for that side). Explain how the texts you chose support either side, choose what you think to be the most convincing side, and explain your decision. The paper should be about three pages.
Case:
1) Someone stole a mule; the thief then sold it to a buyer who purchased it in good faith. The owner of the mule initiated a rei vindicatio against the good-faith purchaser, and while the case the was ongoing, the mule died a natural death. Should the decision go in favor of the owner (the actor) or the purchaser (the reus)?
a. Actor (The original owner of the mule)
i. Dig. 46.7.12 Book.Title.Lex
ii. Cod. 3.32.23
iii. Cod. 2.19.1
iv. Dig. 4.2.14.10
v. Dig. 6.1.15.3 (Choose 2 for actor)
vi. Dig. 12.1.23
vii. Dig. 42.1.8
viii. Dig. 50.16.131
b. Reus (The one who purchased the mule)
i. Cod. 7.26.5
ii. Dig. 6.1.27.1
iii. Dig. 6.1.16
iv. Dig. 5.3.40-41 (Choose 2 for Reus)
v. Dig. 9.4.22.4
vi. Dig. 16.3.14
vii. Dig. 22.1.24
viii. Dig. 7.1
ix. Dig. 10.4.7.4
The 2 sources are
The Digest of Justinian & The Codex of Justinian
