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Justinian I · The Digest of Justinian §11.3.8.pr

Standing of the Heir to Sue for Corrupting a Slave

Passage 1778 of 9271 · Latin

Summary

Paulus explains that the heir of the owner of a corrupted slave possesses the action for corrupting a slave, regardless of whether the slave remains within the inherited estate or has departed from it, such as by being bequeathed.

[PAULUS libro nono decimo ad edictum. ] §11.3.8.prSed et heres eius, cuius seruus corruptus est, habet hanc actionem, non solum si manserit in hereditate seruus, sed et si exierit, forte legatus.
[PAULUS, from the nineteenth book on the Edict.] But also the heir of him whose slave was corrupted has this action, not only if the slave has remained in the inheritance, but also if he has departed, for example, having been bequeathed.

Notes

  1. §11.3.8.prexierit — The third-person singular future perfect (or perfect subjunctive) of the intransitive verb exire (to go out, depart). It stands in contrast to manserit in hereditate (remained in the inheritance) in the preceding clause, implying "has departed [from the inheritance]" (i.e., is no longer part of the estate inherited).
  2. §11.3.8.prforte legatus — legatus is the perfect passive participle (nominative singular masculine) of the verb legare (to bequeath), agreeing with the subject seruus (slave). It functions appositively or circumstantially, illustrating a specific reason for departure: "for example, having been bequeathed" (and thus transferred out of the inheritance).

Cite this passage

Justinian I, The Digest of Justinian §11.3.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.3.8.pr

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