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Justinian I · The Digest of Justinian §15.1.58.pr

Legacy of Estates with Slaves and Peculium Action

Passage 2317 of 9271 · Latin

Summary

When estates with slaves are bequeathed to one of the co-heirs, it is asked whether the other heirs can bring an action concerning the peculium against the heir who received the slaves for debts they owed to the testator, and a negative answer is given.

[SCAEUOLA libro quinto digestorum. ]
[SCAEVOLA in the fifth book of the digests.] A testator bequeathed estates to one of his heirs just as they were equipped, with the slaves and other things and whatever was there.
§15.1.58.prUni ex heredibus praedia legauit ut instructa erant cum seruis et ceteris rebus et quidquid ibi esset: hi serui domino debitores fuerunt tam ex aliis causis quam ex ratione kalendarii: quaesitum est, an ceteris heredibus aduersus eum pecuniae ab his debitae actio de peculio competit.
These slaves were debtors to their master both from other causes and by reason of the ledger. It was asked whether the other heirs had an action concerning the peculium against him for the money owed by these slaves.
respondit non competere.
He answered that they did not.

Notes

  1. 15.1.58.prpecuniae ab his debitae — pecuniae ... debitae is a genitive singular (feminine) acting as an objective genitive modifying actio. It literally means "an action for the money owed by them," specifying the subject matter of the action concerning the peculium.
  2. 15.1.58.prnon competere — In the accusative with infinitive (A.C.I.) construction following respondit, the subject accusative actionem is omitted.

Cite this passage

Justinian I, The Digest of Justinian §15.1.58.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.1.58.pr

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