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Justinian I · The Digest of Justinian §12.6.58.pr

Recovery of Fideicommissum upon Declaration of Free Status

Passage 2034 of 9271 · Latin

Summary

A case where a fideicommissum was left to a slave on the condition of manumission under a will; after he voluntarily received the money, he was declared freeborn, rendering the payment undue and recoverable.

[IDEM libro nono responsorum. ] §12.6.58.prSeruo manumisso fideicommissum ita reliquit, si ad libertatem ex testamento peruenerit: post acceptam sine iudice pecuniam ingenuus pronuntiatus est: indebiti fideicommissi repetitio erit.
[THE SAME, in the ninth book of Responses.] A testator left a fideicommissum to a manumitted slave in this manner: "if he should attain freedom under the will." After the money had been received without a trial, the man was pronounced to be freeborn. There will be a recovery of the fideicommissum as not having been due.

Notes

  1. 12.6.58.prpost acceptam sine iudice pecuniam — A construction of the 'ab urbe condita' type where the preposition post governs the accusative noun pecuniam modified by the perfect passive participle acceptam ('after the receipt of the money'). The phrase sine iudice ('without a judge/trial') indicates that the payment and receipt occurred voluntarily, without judicial compulsion.
  2. 12.6.58.pringenuus — Refers to a 'freeborn' person. This pronouncement establishes that the individual was never a slave, thereby failing the condition of 'attaining freedom under the will' and rendering the paid fideicommissum 'not due' (indebitum).
  3. 12.6.58.prindebiti fideicommissi — Objective genitive modifying the noun repetitio (recovery), meaning 'recovery of the fideicommissum as not being due.'

Cite this passage

Justinian I, The Digest of Justinian §12.6.58.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.58.pr

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