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Justinian I · The Digest of Justinian §10.3.24.pr-10.3.24.1

Acquisitions by Common Slaves and Fraudulent Alienation

Passage 1719 of 9271 · Latin

Summary

Julianus discusses the ownership of property acquired by a common slave from the assets of one master and its recovery in a partition suit, as well as the praetorian liability of a co-owner who transfers their share to evade a partition action.

[IULIANUS libro octauo digestorum. ] §10.3.24.prCommunis seruus si ex re alterius dominorum adquisierit, nihilo minus commune id erit: sed ia, ex cuius re adquisitum fuerit, communi diuidundo iudicio eam summam percipere potest, quia fidei bonae conuenit, ut unusquisque praecipuum habeat, quod ex re eius seruus adquisierit.
[JULIANUS, Digest, book VIII.] If a common slave has made an acquisition from the property of one of his masters, it will nonetheless be common property; but the master from whose property the acquisition was made can recover that sum in an action for dividing common property, because it is consistent with good faith that each one should have as a preferred share what the slave acquired from his property.
§10.3.24.1Cum agere tecum communi diuidundo uellem, partem tuam Titio tradidisti mutandi iudicii causa: teneris mihi praetoria actione, quod fecisses, ne tecum communi diuidundo ageretur.
When I wished to bring an action for dividing common property against you, and you delivered your share to Titius for the purpose of altering the suit, you are liable to me under a praetorian action for having acted to prevent an action for dividing common property from being brought against you.

Notes

  1. §10.3.24.pria — The word ia in the text is commonly understood as a scribal error or variant for is (masculine singular nominative pronoun), serving as the antecedent of the relative clause ex cuius... referring to the owner from whose property the acquisition was made.
  2. §10.3.24.1mutandi iudicii causa — This refers to the purpose of altering the judicial status quo, specifically by transferring one's share to a third party to evade status as a defendant, thereby obstructing or delaying the plaintiff's imminent lawsuit.
  3. §10.3.24.1quod fecisses, ne tecum communi diuidundo ageretur — The pluperfect subjunctive fecisses after quod expresses the subjective ground of liability or blame charged against the defendant ('for having acted...'). The following clause ne ... ageretur is a negative purpose clause with the imperfect subjunctive, depending on fecisses.

Cite this passage

Justinian I, The Digest of Justinian §10.3.24.pr-10.3.24.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.3.24.pr-10.3.24.1

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