Humanitext Reader

Justinian I · The Digest of Justinian §10.2.34.pr

Death of Slaves Valued in Division and Allocation of Loss

Passage 1672 of 9271 · Latin

Summary

It is ruled that slaves valued during division among coheirs are deemed priced for division rather than sale, meaning their death while a condition is pending constitutes a loss for both the heir and the fideicommissary.

[IDEM libro octauo responsorum. ] §10.2.34.prSeruos inter coheredes tempore diuisionis aestimatos non emendi, sed diuidendi animo pretiis adscriptos uideri placuit: quare suspensa condicione mortuos tam heredi quam fideicommissario deperisse.
[THE SAME, from the eighth book of Responses.] It was held that slaves valued among coheirs at the time of division are deemed to have been assigned with prices, not with the intention of buying, but with the intention of dividing; therefore, if they died while the condition was pending, they are lost both to the heir and to the fideicommissary.

Notes

  1. §10.2.34.prnon emendi, sed diuidendi animo — The genitives of the gerunds emendi and diuidendi modify the noun animo (ablative, "with the intention of"), expressing the purpose or motive: "not with the intention of buying, but of dividing."
  2. §10.2.34.prsuspensa condicione — An ablative absolute consisting of the noun condicio and the participle suspensus, meaning "while the condition was suspended (pending)," referring to the period during which the fulfillment of the fideicommissum's condition remains uncertain.
  3. §10.2.34.prdeperisse — The contracted form of deperiisse, the perfect infinitive of depereo. In the clause introduced by the conjunction quare, it forms an accusative with infinitive construction (indirect speech) with mortuos [seruos] as its subject, depending on the governing placuit (or expressing the logical consequence).

Cite this passage

Justinian I, The Digest of Justinian §10.2.34.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.2.34.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.