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Justinian I · The Digest of Justinian §19.4.2.pr

Warranty Against Defects of Slaves in Barter

Passage 2887 of 9271 · Latin

Summary

Citing the opinion of Aristo, it states that in an exchange involving a slave, it must be guaranteed, as in a sale, that the slave is healthy, free from liabilities for thefts or damages, and not a runaway.

[IDEM libro quinto ad Plautium. ] §19.4.2.prAristo ait, quoniam permutatio uicina esset emptioni, sanum quoque furtis noxisque solutum et non esse fugitiuum seruum praestandum, qui ex causa daretur.
[THE SAME in the fifth book on Plautius.] Aristo says that, since exchange is close to sale, it must be guaranteed that a slave given by virtue of the contract is healthy, free from thefts and damages, and not a runaway.

Notes

  1. §19.4.2.prpraestandum — A gerundive (future passive participle) used with an implied `esse` in indirect speech to express obligation ("must be guaranteed"). Its subject accusative is `seruum` (modified by the relative clause `qui ex causa daretur`), and the qualities to be guaranteed are `sanum` (healthy), `furtis noxisque solutum` (free from liability for thefts and damages), and `non esse fugitiuum` (not being a runaway).
  2. §19.4.2.prfurtis noxisque solutum — "Free from thefts and damages." The participle `solutum` takes the ablative of separation `furtis noxisque` (plural ablative of `furtum` and `noxa`), meaning that there is no risk of noxal liability (such as surrender of the slave for past offences) being brought against the new owner.

Cite this passage

Justinian I, The Digest of Justinian §19.4.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.4.2.pr

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