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Justinian I · The Digest of Justinian §15.1.18.pr

Legacy of Peculium and Deductions for a Vicarious Slave's Debt

Passage 2277 of 9271 · Latin

Summary

It states as a consequence that if a slave is bequeathed his peculium and sues, he is compelled to deduct what his vicarious slave owes to the testator only if that vicarious slave himself possesses a peculium.

[PAULUS libro quarto quaestionum. ] §15.1.18.prCui consequens est, ut, si Sticho peculium suum legatum sit isque ex testamento agit, non aliter cogetur id, quod uicarius eius testatori debet, relinquere, nisi is, id est uicarius peculium habeat.
[PAULUS in the fourth book of Questions.] As a consequence of this, if his peculium has been bequeathed to Stichus and he sues under the will, he will not otherwise be compelled to leave behind what his vicarious slave owes to the testator, unless he—that is, the vicarious slave—possesses a peculium.

Notes

  1. §15.1.18.prCui consequens est, ut — The connecting relative pronoun cui (dative) refers back to the preceding section (the discussion by Ulpianus regarding debts and peculia among slaves) and depends on consequens est. The ut clause functions as a noun clause (subject) or consecutive clause.
  2. §15.1.18.prnon aliter ... nisi — A correlative construction expressing strong limitation. It means "not otherwise... unless," which is equivalent to "only if... then...".
  3. §15.1.18.prrelinquere — Here, it means to "leave behind" or "reserve" (for the testator/estate) the amount equivalent to the debt owed by the vicarious slave out of the bequeathed peculium, which practically means to allow a deduction.

Cite this passage

Justinian I, The Digest of Justinian §15.1.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.1.18.pr

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