- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.35.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-11
Citing Julian, it is stated that even if a slave has not yet received the price of the sold inheritance items, a petition for inheritance can be brought against the master if the master holds an action to recover that money.
[GAIUS libro sexto ad edictum prouinciale.]
[GAIUS in his sixth book on the Provincial Edict.]
Idem Iulianus ait etiam si nondum pretia rerum consecutus sit seruus, posse a domino quasi a iuris possessore hereditatem peti, quia habet actionem, qua eam pecuniam consequatur, quae quidem actio etiam ignoranti adquireretur.1
The same Julian says that even if the slave has not yet obtained the price of the things, the inheritance can be claimed from the master as if from a possessor of a right, because the master has an action by which he may secure that money, which action indeed would be acquired even for one who is ignorant of it.
- 5.3.35.pretiam ignoranti adquireretur
The word 'ignoranti' is the dative singular of the present participle 'ignorans', meaning 'one who is ignorant (of the fact)'. It refers to the legal principle that an action arising from a slave's transaction is automatically acquired (adquirere) for the master, even if the master is unaware of it. The subjunctive imperfect 'adquireretur' is used either because it is in a subordinate clause within indirect speech (Iulianus ait... quia...) where 'ait' is treated as a historical present, or because it carries a potential nuance ('would be acquired' under such circumstances).