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Justinian I · The Digest of Justinian §15.1.53.pr

Tacit Grant of Peculium on Manumission and Assignment of Actions

Passage 2312 of 9271 · Latin

Summary

This section addresses the conditions under which a peculium is deemed tacitly granted to a manumitted slave, and the necessity of having actions assigned to him to sue the debtors of that peculium.

[IDEM libro undecimo quaestionum. ] §15.1.53.prSi Sticho peculium cum manumitteretur ademptum non est, uidetur concessum: debitores autem conuenire nisi mandatis sibi actionibus non potest.
[THE SAME in the eleventh book of Questions.] If his peculium was not taken away from Stichus when he was manumitted, it is deemed to have been granted; however, he cannot sue his debtors unless the actions have been assigned to him.

Notes

  1. §15.1.53.pruidetur concessum — The perfect participle in the nominative neuter singular `concessum` forms an infinitive phrase with `esse` omitted, acting as the complement of the passive verb `uidetur` (it is deemed), referring back to the subject `peculium` (neuter singular).
  2. §15.1.53.prnon potest — The subject of `potest` is the manumitted slave Stichus himself, implied from `Sticho` in the preceding clause. Since he does not yet possess the standing to sue in his own right, the actions must be explicitly assigned to him.
  3. §15.1.53.prmandatis sibi actionibus — An ablative absolute construction consisting of the feminine plural noun `actionibus` and the perfect participle `mandatis`. Used with `nisi` to express a negative condition ("unless the actions have been assigned to him [sibi]").

Cite this passage

Justinian I, The Digest of Justinian §15.1.53.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.1.53.pr

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