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Justinian I · The Digest of Justinian §12.6.13.pr-12.6.13.1

Natural Obligations of Slaves and Repayment by Pupils

Passage 1988 of 9271 · Latin

Summary

Discusses the validity of payments, sureties, and pledges based on the natural obligation of a slave, as well as the bar on recovery when a pupil, having borrowed without authority and benefited, pays after reaching majority.

[IDEM libro decimo ad Sabinum. ] §12.6.13.prNaturaliter etiam seruus obligatur: et ideo, si quis nomine eius soluat uel ipse manumissus, ut Pomponius scribit, ex peculio, cuius liberam administrationem habeat, repeti non poterit: et ob id et fideiussor pro seruo acceptus tenetur et pignus pro eo datum tenebitur et, si seruus, qui peculii administrationem habet, rem pignori in id quod debeat dederit, utilis pigneraticia reddenda est.
[THE SAME, On Sabinus, book 10.] A slave is also naturally bound; and therefore, if anyone should pay in his name, or if he himself, after being manumitted, should pay from his peculium, of which he has the free administration (as Pomponius writes), recovery cannot be made; and for this reason both a surety accepted for a slave is bound, and a pledge given for him will be bound, and if a slave who has the administration of his peculium should give a thing in pledge for what he owes, an analogous action on pledge must be granted.
§12.6.13.1Item quod pupillus sine tutoris auctoritate mutuum accepit et locupletior factus est, si pubes factus soluat, non repetit.
Likewise, as regards the fact that a pupil has accepted a loan without his tutor's authority and has been made richer, if he should make payment after reaching puberty, he cannot recover it.

Notes

  1. §12.6.13.pruel ipse manumissus — The verb `soluat` (subjunctive present) from the previous clause is understood to be supplied here: `uel [si] ipse manumissus [soluat]`. The phrase `ex peculio` (from the peculium) modifies this potential payment by the manumitted slave himself.
  2. §12.6.13.prutilis pigneraticia — The feminine noun `actio` (action) is omitted and modified by the adjectives `utilis` and `pigneraticia` (`utilis pigneraticia actio`, an analogous or equitable action on pledge). It refers to an action granted by the praetor on equitable grounds when the strict civil law requirements are not met.
  3. §12.6.13.1quod — This `quod` is construed as a conjunction of respect ('as regards the fact that...'), introducing the factual premise of the pupil accepting a loan and being enriched, which is then qualified by the conditional clause `si... soluat`.

Cite this passage

Justinian I, The Digest of Justinian §12.6.13.pr-12.6.13.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.13.pr-12.6.13.1

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