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Justinian I · The Digest of Justinian §15.3.12.pr

Limit of Profit from Land Purchased by Sons or Slaves

Passage 2332 of 9271 · Latin

Summary

The text specifies the limit of what is deemed to have been turned to the master's profit when a slave or a son-in-power buys land for them, based on a comparison between the land's actual value and its purchase price.

[GAIUS libro nono ad edictum prouinciale. ] §15.3.12.prSi fundum patri dominoue emit seruus uel filius familias, uersum quidem esse uidetur, ita tamen, ut, siue minoris sit, quam est emptus, tantum uideatur in rem uersum quanti dignus sit, siue pluris sit, non plus uideatur in rem uersum quam emptus est.
[GAIUS, On the Provincial Edict, book 9] If a slave or a son-in-power buys a tract of land for his father or master, it indeed seems to have been turned to profit, yet only in such a way that, if its value is less than the price for which it was bought, only so much is deemed to have been turned to profit as it is worth; but if its value is more, no more is deemed to have been turned to profit than the price for which it was bought.

Notes

  1. §15.3.12.prminoris — Genitive of value, describing the value of the omitted subject (fundus) in comparison with the purchase price. It means 'if the value of the land is less than the price for which it was bought.' The corresponding 'pluris' is used in the same construction.
  2. §15.3.12.prita tamen, ut — This construction introduces a restrictive clause, meaning 'only in such a way that' or 'provided however that', which qualifies the general rule stated in the preceding clause (uersum quidem esse uidetur).

Cite this passage

Justinian I, The Digest of Justinian §15.3.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.3.12.pr

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