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Justinian I · The Digest of Justinian §12.6.63.pr

Delivery of a conditionally freed slave and recovery

Passage 2039 of 9271 · Latin

Summary

This section discusses a case where a debtor who owes a specific slave delivers a conditionally manumitted slave; the debtor is not released from his obligation, yet he cannot recover the delivered slave.

[GAIUS libro singulari de casibus. ] §12.6.63.prNeratius casum refert, ut quis id quod soluerit repetere non possit, quasi debitum dederit, nec tamen liberetur: uelut si is, qui cum certum hominem deberet, statuliberum dederit: nam ideo eum non liberari, quod non in plenum stipulatoris hominem fecerit, nec tamen repetere eum posse, quod debitum dederit.
[GAIUS, in his single book on Special Cases.] Neratius reports a case where a person cannot recover what he has paid, as if he had given what was due, and yet is not released from his obligation: for example, if someone who owed a specific slave has given a conditionally manumitted slave. For he is not released for this reason, namely that he did not make the slave fully the property of the stipulator, and yet he cannot recover the slave because he gave what was due.

Notes

  1. 12.6.63.prut — The conjunction `ut` introduces a clause explaining the specific content of the noun `casum` (or expressing a result), meaning "a case where...".
  2. 12.6.63.prnon liberari — An accusative with infinitive construction in indirect speech introduced by the main verb `refert` (reports). The subject is the accusative `eum`, referring to the preceding `is, qui...` (the debtor).
  3. 12.6.63.prin plenum — An adverbial phrase consisting of the preposition `in` and the adjective `plenum` (neuter accusative singular), meaning "fully" or "completely". It modifies `stipulatoris hominem fecerit` (make the slave the property of the stipulator), indicating that complete ownership was not transferred.

Cite this passage

Justinian I, The Digest of Justinian §12.6.63.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.63.pr

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