Humanitext Reader

Justinian I · The Digest of Justinian §21.2.25.pr

Manumission by Buyer and Claims on Double Stipulation

Passage 3106 of 9271 · Latin

Summary

It argues that if a buyer, who had stipulated for double the value of a slave, voluntarily manumits that slave, they cannot claim anything under the stipulation because they lost the slave by their own will, not by eviction.

[ULPIANUS libro uicesimo nono ad Sabinum. ] §21.2.25.prSi seruum, cuius nomine duplam stipulatus sis, manumiseris, nihil ex stipulatione consequi possis, quia non euincitur, quo minus habere tibi liceat, quem ipse ante uoluntate tua perdideris.
[ULPIANUS, On Sabinus, Book Twenty-Nine] If you have manumitted a slave, in respect of whom you had stipulated for double the value, you can recover nothing under the stipulation, because he is not evicted so as to prevent you from being allowed to hold him whom you yourself have previously lost by your own free will.

Notes

  1. 21.2.25.prcuius nomine duplam stipulatus sis — The subjunctive stipulatus sis refers to the act of having stipulated for double the value (dupla) to be paid by the seller in case of eviction. The second-person singular subjunctive is used here to present an indefinite or hypothetical scenario.
  2. 21.2.25.prquo minus habere tibi liceat — The quo minus clause follows a verb of prevention or hindrance (implied in the concept of eviction, euincitur), expressing a result or restriction: 'in such a way as to prevent you from being allowed to hold him.'

Cite this passage

Justinian I, The Digest of Justinian §21.2.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.25.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.