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Justinian I · The Digest of Justinian §15.2.2.pr-15.2.2.1

Shortening of Time Limit for Peculium Action and Captured Slaves

Passage 2319 of 9271 · Latin

Summary

Paulus explains that the one-year limitation on the action concerning the peculium after a son's death is adjusted according to the original nature of the action (e.g., to six months for redhibition), and that this period is not limited as long as a slave held by the enemy has the possibility of returning by postliminium.

[PAULUS libro trigensimo ad edictum. ] §15.2.2.prCum post mortem filii familias annua aduersus patrem actio est, quemadmodum aduersus eum esset perpetua uiuo filio, ideo si ex causa redhibitionis erat de peculio actio, sex mensum erit post mortem filii: idemque dicendum in omnibus temporalibus actionibus.
[PAULUS in the thirtieth book on the edict.] Since, after the death of a son-in-power, the action against the father is for one year, just as it would be perpetual against him while the son was alive, therefore, if the action concerning the peculium was based on a cause of redhibition, it will be for six months after the death of the son; and the same must be said in the case of all temporary actions.
§15.2.2.1Si seruus cui creditum est apud hostes sit, de peculio actio in dominum non anno finienda est, quamdiu postliminio reuerti potest.
If a slave to whom credit was extended is in the hands of the enemy, the action concerning the peculium against the owner is not to be limited to a year, as long as he has the possibility of returning by postliminium.

Notes

  1. §15.2.2.prsex mensum — The phrase "sex mensum" (of six months) is a genitive plural ("mensum" being a contracted form of "mensium"), functioning as a genitive of quality (or description) to denote the duration of the implied noun "actio" as a predicate of "erit".
  2. §15.2.2.pruiuo filio — An ablative absolute consisting of the noun "filio" and the adjective "uiuo" (with the omission of the participle of "esse"), expressing time ("while the son is alive").
  3. §15.2.2.1cui creditum est — The relative pronoun "cui" is in the dative case, used with the impersonal passive perfect "creditum est" of "credo" (which governs the dative). Its antecedent is the subject of the main clause, "seruus". It literally translates to "the slave to whom credit was extended" (i.e., with whom the business was transacted).

Cite this passage

Justinian I, The Digest of Justinian §15.2.2.pr-15.2.2.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.2.2.pr-15.2.2.1

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