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Justinian I · The Digest of Justinian §15.1.29.pr-15.1.29.1

Peculium Actions Among Co-Heirs and Prohibited Contracts

Passage 2288 of 9271 · Latin

Summary

The passage explains the admissibility of actions concerning peculium among co-heirs when a slave is freed by will and those who contracted with him are left as heirs, and states that such an action lies even if the master had prohibited contracting with the slave.

[GAIUS libro nono ad edictum prouinciale. ] §15.1.29.prSi quis seruum testamento liberum esse iusserit relictis heredibus his, qui cum seruo contraxerunt, possunt inter se coheredes uel de peculio agere, quia de eo quisque peculio, quod apud eum esset, quolibet alio agente teneatur.
[GAIUS in the ninth book on the Provincial Edict.] If anyone has ordered by will that his slave be free, leaving as heirs those who contracted with the slave, the co-heirs can even bring an action concerning the peculium among themselves, because each is held liable for that peculium which is in his possession, when any other person brings the action.
§15.1.29.1Etiamsi prohibuerit contrahi cum seruo dominus, erit in eum de peculio actio.
Even if the master has prohibited contracting with the slave, an action concerning the peculium will lie against him.

Notes

  1. §15.1.29.prrelictis heredibus his — An ablative absolute construction where "his" serves as the antecedent modified by the following relative clause "qui cum seruo contraxerunt", meaning "having left as heirs those who contracted with the slave."
  2. §15.1.29.pruel — Here, "uel" is not used as a disjunctive conjunction ("or"), but as an adverbial intensifier meaning "even." It emphasizes that the co-heirs can "even" bring an action concerning the peculium among themselves.
  3. §15.1.29.1contrahi — The present passive infinitive of "contraho" used impersonally, referring to "contracts being entered into" or simply "contracting with the slave."

Cite this passage

Justinian I, The Digest of Justinian §15.1.29.pr-15.1.29.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.1.29.pr-15.1.29.1

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