PORTARI

2 definitions found across Law Mind sources

PORTARIAuthored
The Law Mind • 656 words
Definition
In Roman civil law, *portari* is a Latin verb meaning "to be carried" — specifically, to be transported by a vehicle, vessel, or beast of burden. It denotes goods or persons moved by conveyance rather than by direct human effort applied to the object itself. The term functions as a technical classification within the Roman law of carriage and transport, distinguishing the mode by which things are moved from place to place.
Common Confusion
PORTARI vs. FERRI: These two Latin terms are the classical Roman law pair for modes of transport. *Ferri* generally means to be borne or carried by direct means — often by persons — while *portari* refers to transport by conveyance (vehicle, ship, pack animal). The distinction is preserved in Digest 50.16.235 and should not be collapsed. In loose translation, both might be rendered simply as "to be carried," which is where confusion enters; any translation that flattens the two terms loses a distinction the Roman jurists deliberately maintained.
Why It Matters in Research
*Portari* is a narrow but precise term encountered primarily in Digest texts and scholarly commentary on Roman private law. Researchers working in the Law Mind corpus are most likely to meet it in two contexts: (1) treatises on Roman law that reproduce or gloss the classical sources, and (2) historical works on the law of carriage, hire (*locatio conductio*), and transport obligations, where the classification of movement bore on the duties and liabilities of carriers. The practical research trap is treating *portari* and *ferri* as interchangeable synonyms. They are not — Roman jurists used the distinction with precision, and later civilians carried that precision into medieval and early modern legal scholarship. Missing the distinction can cause a researcher to misread a passage about carriage liability or the scope of a carrier's undertaking. Because *portari* appears almost exclusively in Latin-language legal texts and their translations, it will surface in the corpus in works on civil law, comparative law, and classical legal history rather than in common-law materials. Searches limited to English-language sources will largely miss it.
Historical Dictionary Support
Burrill's Law Dictionary provides the operative entry: *portari* means "to be carried," and Burrill draws the essential distinction from the Digest — specifically Digest 50.16.235 — where *portari* is contrasted with *ferri*. Burrill's entry is brief but accurate, pointing researchers directly to the relevant Digest passage without elaboration. The Digest text underlying this entry (D. 50.16.235) falls within the title *De verborum significatione* — "On the meaning of words" — which collected juristic definitions and distinctions for interpretive use across the entire body of Roman law. That the distinction between *portari* and *ferri* appears there signals that Roman jurists considered it a legally operative difference, not a mere stylistic variation. *Ferri* connotes being carried or borne directly, often by human hands or physical support; *portari* connotes transport by vehicle or animal. The practical significance lay in determining what kind of movement satisfied a legal obligation or triggered a particular legal consequence. Historical legal dictionaries beyond Burrill add little to this entry; the term is sufficiently technical that most common-law dictionaries omit it entirely, and the civilian encyclopedists tend to address it only in the context of the Digest gloss. Researchers should go directly to the Digest and to the major civilian commentators — such as Cujas and Pothier in their writings on the Roman law of obligations — for fuller treatment.
Jurisdictional Note
*Portari* is a term of Roman civil law with no direct analog in Anglo-American common law. It is relevant primarily in jurisdictions whose private law descends from the civil law tradition, and in historical legal scholarship across all jurisdictions engaging with Roman sources.
Related Terms
Ferri — Locatio conductio — Carrier (law of) — Roman civil law — De verborum significatione (Digest 50.16) — Carriage of goods — Nautacaupostabularius
PORTARImain
Burrill's Law Dictionary • 1870
Lat. In the civil law. Το be carried. Distinguished from ferri. Dig. 50. 16. 235.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In