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The Digest of Justinian

§6.1.31.pr

Assessment of Fruits and Acquired Skills of a Claimed Slave

The text points out that when assessing the fruits of a claimed slave, one should not only look at whether the slave has reached puberty, and states that it is unjust for the plaintiff to demand fruits arising from a trade that the slave learned at the possessor's expense.

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[PAULUS libro uicensimo primo ad edictum.]

[PAULUS, in the twenty-first book on the edict.]

§6.1.31.pr

​Ceterum cum de fructibus serui petiti quaeritur, non tantum pubertas eius spectanda est, quia etiam impuberis1 aliquae operae esse possunt. improbe tamen desiderabit petitor fructus aestimari,2 qui ex artificio eius percipi potuerunt, quod artificium3 sumptibus possessoris didicit.

​Furthermore, when a question arises concerning the fruits of a claimed slave, not only his puberty is to be considered, because there can be some services even of an underaged slave. However, the plaintiff will unjustly desire that those fruits be assessed which could have been received from his trade, which trade he learned at the expense of the possessor.

Syntax notes3 items
  1. 6.1.31.primpuberis

    The genitive singular of the adjective impubes (underaged), modifying operae with the noun serui (of a slave) understood from the context.

  2. 6.1.31.prfructus aestimari

    An accusative with infinitive (ACI) construction functioning as the object of the verb desiderabit (will desire), where fructus is accusative plural (the subject of the infinitive) and aestimari is the present passive infinitive.

  3. 6.1.31.prquod artificium

    The relative pronoun quod is used adjectivally with the noun artificium (relative adjective). It functions as the direct object of the verb didicit (learned) in this relative clause.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.31.pr