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Justinian I · The Digest of Justinian §15.1.26.pr

Master's Liability for Fraudulent Reduction of Peculium

Passage 2285 of 9271 · Latin

Summary

This section rules on the extent of the master's liability in actions concerning the peculium when he has already paid once for his fraudulent reduction, or when the slave owes him an equivalent amount, and establishes that this liability on the ground of fraud persists for a year after the slave's manumission or alienation.

[PAULUS libro trigensimo ad edictum. ] §15.1.26.prSi semel ex ea causa, id est quod dolo fecerit, dominus praestiterit de peculio conuentus, ceteris ex eadem causa nihil praestabit.
[PAULUS in the thirtieth book on the edict.] If once on that ground, that is, because he acted with fraud, the master, having been sued concerning the peculium, has made payment, he will pay nothing to others on the same ground.
sed et si tantundem seruus ei debeat quantum dolo minuit, non erit condemnandus.
But also if the slave owes him just as much as he diminished by fraud, he is not to be condemned.
his consequens erit, ut manumisso quoque uel alienato seruo ex causa etiam doli intra annum teneatur.
It will follow from these points that even when the slave has been manumitted or alienated, the master is liable also on the ground of fraud within a year.

Notes

  1. 15.1.26.prconuentus — The perfect passive participle of conuenio (to sue) in the nominative singular masculine, modifying the subject dominus. It functions circumstantially, meaning 'the master, having been sued concerning the peculium (de peculio)'.
  2. 15.1.26.prmanumisso quoque uel alienato seruo — An ablative absolute construction consisting of the noun seruo and the perfect passive participles manumisso and alienato, functioning circumstantially to mean 'even when the slave has been manumitted or alienated'.

Cite this passage

Justinian I, The Digest of Justinian §15.1.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.1.26.pr

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