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Justinian I · The Digest of Justinian §15.3.2.pr

Action on Turned Property and Manumission for Money

Passage 2322 of 9271 · Latin

Summary

Explains why an action on what has been turned to account cannot be brought against a master who manumitted a slave upon receiving money, on the grounds that the master does not become wealthier by granting freedom.

[IAUOLENUS libro duodecimo ex Cassio. ] §15.3.2.prQui nummis acceptis seruum manumissit, agi cum eo de in rem uerso non potest, quia dando libertatem locupletior ex nummis non fit.
An action on what has been turned to account cannot be brought against one who, having received money, has manumitted a slave, because by granting freedom he does not become richer from the money.

Notes

  1. §15.3.2.pragi cum eo ... non potest — The passive infinitive agi is used impersonally with the preposition cum (taking the ablative) to form the legal expression meaning 'to bring an action against someone.' The pronoun eo refers to the subject of the qui-clause.
  2. §15.3.2.prdando libertatem — dando is the ablative of the gerund, expressing means ('by granting'), and it takes the accusative noun libertatem as its direct object.
  3. §15.3.2.prlocupletior ... non fit — The comparative degree locupletior of the adjective locuples (wealthy) combined with fiō (to become) expresses 'to become richer/wealthier.' This is a technical legal expression determining whether there has been an actual enrichment (increase in wealth) on the part of the master, which is a requirement for the action on what has been turned to account (actio de in rem verso) to succeed.

Cite this passage

Justinian I, The Digest of Justinian §15.3.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.3.2.pr

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