12 If a child in power, or a slave, steal property of his father or
master, it is theft, and the property is deemed stolen, so that no one
can acquire it by usucapion until it has returned into the hands of the
owner; but no action will lie on the theft, because between a son in
power and his father, or between a slave and his master, no action will
lie on any ground whatsoever. But if the offender is aided and abetted
by a third person, the latter is liable to an action on theft, because a
theft has in fact been committed, and by his aid and abetment.
13 The action on theft will lie at the suit of any person interested in
the security of the property, even though he be not its owner: indeed,
even the owner cannot maintain the action unless he suffers damage from
the loss.
14 Hence, when a pawn is stolen the pawnee can sue, even though his
debtor be perfectly able to pay the debt; for it is more advantageous
to him to rely on the pledge, than to bring a personal action: and this
rule is so unbending that even the pawnor who steals a pawn is suable
for theft by the pawnee.
15 So, if clothes are delivered to be cleaned or finished or mended for
a certain remuneration, and then are stolen, it is the fuller or tailor
who can sue on the theft, and not the owner; for the owner suffers
nothing by the loss, having the action of letting against the fuller or
tailor for the recovery of his property. Similarly a purchaser in good
faith, even though a good title as owner is not given to him, can bring
the action of theft if the property is stolen, exactly like the pawnee.
The action is, however, not maintainable at the suit of a fuller or
tailor, unless he is solvent, that is to say, unless he is able to fully
indemnify the owner; if he is insolvent, the owner cannot recover from
him, and so can maintain an action against the thief, being, on this
hypothesis, interested in the recovery of the property. Where the fuller
or tailor is only partly instead of wholly solvent the rule is the same.
Public-domain text, read in full here on John Shaqi.
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