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The Digest of Justinian

§7.7.6.pr-7.7.6.3

Criteria and Exclusions for Valuing Slave Services

Ulpian discusses the criteria for valuing and restoring the services of artisan and unskilled slaves, as well as the exclusions from valuation for slaves under five years old, disabled slaves, or those held in personal affection by their owners.

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[ULPIANUS libro quinquagensimo quinto ad edictum.]

[ULPIANUS, in the fifty-fifth book on the Edict.]

§7.7.6.pr

​Cum de serui operis1 artificis agitur, pro modo restituendae sunt, sed mediastini secundum ministerium: et ita Mela scribit.

​When action is brought concerning the services of an artisan slave, they must be restored according to their measure, but those of an unskilled slave according to his service; and so Mela writes.

§7.7.6.1

​Si minor annis quinque2 uel debilis seruus sit uel quis alius, cuius nulla opera esse apud dominum potuit, nulla aestimatio fiet.

​If a slave is under five years of age, or disabled, or any other person whose services could not have been of any value to the owner, no valuation shall be made.

§7.7.6.2

​Item uoluptatis uel affectionis aestimatio non habebitur, ueluti si dilexerit eum dominus aut in deliciis habuerit.

​Likewise, no valuation of pleasure or affection shall be taken into account, as for example if the owner loved him or held him as a favorite.

§7.7.6.3

​Ceterum deductis necessariis impensis3 fiet aestimatio.

​Furthermore, the valuation shall be made after deducting necessary expenses.

Syntax notes3 items
  1. 7.7.6.properis

    operis is the ablative plural of the noun opera (services), governed by the preposition de. It must not be confused with the genitive singular of the third-declension noun opus (work). It is modified by serui artificis (of an artisan slave).

  2. 7.7.6.1minor annis quinque

    The comparative adjective minor is followed by the ablative of comparison annis quinque (five years), meaning "younger than five years".

  3. 7.7.6.3deductis necessariis impensis

    An ablative absolute construction formed by the past participle deductis and the noun phrase in the ablative necessariis impensis, expressing a condition or attendant circumstance ("after deducting necessary expenses").

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.7.6.pr-7.7.6.3