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Justinian I · The Digest of Justinian §2.14.59.pr

Betterment of Master's Position by Subordinates' Pact

Passage 425 of 9271 · Latin

Summary

This fragment explains the principle that through the same persons (such as slaves or children in power) through whom one can acquire rights by stipulation, one's legal position can also be improved by pact.

[PAULUS libro tertio regularum. ] §2.14.59.prPer quos adquiri nobis stipulatione potest, per eosdem etiam pactis conuentis meliorem condicionem nostram fieri posse placet.
[PAULUS in the third book of the Rules.] It is accepted that through the very same persons through whom acquisition can be made for us by stipulation, our condition can also be made better by pact.

Notes

  1. §2.14.59.prplacet — The impersonal verb placet (it is accepted) takes the accusative and infinitive construction (ACI) "condicionem nostram fieri posse" as its subject. fieri is the infinitive of fio (to become), taking meliorem as a predicate accusative.
  2. §2.14.59.prper quos... per eosdem — An inverted structure where the relative clause per quos... precedes per eosdem... (preposition per + accusative of idem, referring to the same persons) in the main clause. In Roman law, this refers to the rule that a paterfamilias can acquire rights through persons subject to his power, and likewise improve his legal position through their pacts.

Cite this passage

Justinian I, The Digest of Justinian §2.14.59.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.59.pr

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