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Justinian I · The Digest of Justinian §15.3.11.pr

Borrowing by Slaves to Pay Own Debts and Master's Benefit

Passage 2331 of 9271 · Latin

Summary

This section rules that if a slave borrows money specifically to pay his own creditor, it is not considered to be turned to the master's profit, even if the master is consequently released from liability under the action concerning the peculium.

[PAULUS libro trigensimo ad edictum. ] §15.3.11.prQuod seruus in hoc mutuatus fuerit, ut creditori suo solueret, non erit in rem uersum, quamuis actione de peculio liberatus sit dominus.
[PAULUS, On the Edict, book 30] What a slave borrowed for the purpose of paying his own creditor will not be turned to profit, even though the master has been released from the action concerning the peculium.

Notes

  1. 15.3.11.prQuod — This can be interpreted either as a relative pronoun containing its antecedent ('what' / 'that which') or as a conjunction introducing a noun clause ('the fact that'). In either case, it functions syntactically as the subject of the main clause, referring to the borrowed funds or the act of borrowing.
  2. 15.3.11.prin hoc ... ut — The demonstrative pronoun hoc (ablative governed by the preposition in) cataphorically anticipates the following subjunctive clause of purpose ut ... solueret. This is an idiomatic construction expressing purpose ('for this purpose, namely, to...').

Cite this passage

Justinian I, The Digest of Justinian §15.3.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.3.11.pr

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