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Justinian I · The Digest of Justinian §15.1.54.pr

Action on Peculium Against Co-Heir with Prelegacy

Passage 2313 of 9271 · Latin

Summary

A case concerning whether other heirs have an action on the peculium against a co-heir (a son-in-power) to whom land and slaves were prelegated, when those slaves were debtors to the deceased, with the decision being that the action does not lie.

[SCAEUOLA libro primo responsorum. ] §15.1.54.prFilio familias uni ex heredibus praedia praelegauit ut instructa erant cum seruis: hi serui domini debitores fuerunt: quaesitum est, an ceteris heredibus aduersus eum actio de peculio competat.
[SCAEUOLA in the first book of Responses.] A testator prelegated tracts of land, as they were equipped, together with the slaves, to a son-in-power who was one of the co-heirs. These slaves had been debtors to their master. The question arose whether the other heirs had an action on the peculium against him.
respondit non competere.
He replied that it did not lie.

Notes

  1. §15.1.54.prpraelegauit — Meaning "to prelegate" or "to bequeath beforehand." It refers to bequeathing a specific part of the estate to one of the co-heirs over and above their share of the inheritance.
  2. §15.1.54.practio de peculio — "Action on the peculium." An action by which a master or paterfamilias is held liable for the debts incurred by a slave or son-in-power, up to the value of their peculium. Here, the issue is whether the other heirs (succeeding to the testator's position) can bring this action against the son (the new master of the slaves) after the slaves were prelegated to him.
  3. §15.1.54.prnon competere — An accusative with infinitive construction continuing from respondit ("he replied"). The subject accusative of competere, referring back to actio ("action"), is omitted.

Cite this passage

Justinian I, The Digest of Justinian §15.1.54.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.1.54.pr

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