Humanitext Reader

Justinian I · The Digest of Justinian §21.2.34.pr-21.2.34.2

Freedom by Condition Breach and Eviction under Actions

Passage 3115 of 9271 · Latin

Summary

The passage discusses how a buyer has no recourse if a slave gains freedom due to the buyer violating a non-prostitution condition, and explains that the double-value stipulation applies to various forms of eviction, including those from division of common property or the Servian action.

[POMPONIUS libro uicesimo septimo ad Sabinum. ] §21.2.34.prSi mancipium ita emeris, ne prostituatur et, cum prostitutum fuisset, ut liberum esset: si contra legem uenditionis faciente te ad libertatem peruenerit, tu uideris quasi manumississe et ideo nullum aduersus uenditorem habebis regressum.
[POMPONIUS, On Sabinus, Book Twenty-Seven] If you have bought a slave on the condition that he should not be prostituted, and that if he should be prostituted, he should be free; if through your acting contrary to the terms of the sale he attains freedom, you are deemed, as it were, to have manumitted him, and therefore you will have no recourse against the seller.
§21.2.34.1Si communi diuidundo mecum actum esset et aduersario seruus adiudicatus sit, quia probauit eum communem esse, habebo ex duplae stipulatione actionem, quia non interest, quo genere iudicii euincatur, ut mihi habere non liceat.
If an action for the division of common property has been brought against me, and the slave has been adjudicated to my opponent because he proved that the slave was held in common, I will have an action on the stipulation for double value, because it makes no difference by what kind of trial eviction occurs so that I am not permitted to hold the property.
§21.2.34.2Duplae stipulatio euictionem non unam continet, si quis dominium rei petierit et euicerit, sed et si Seruiana actione experiatur.
The stipulation for double value covers not just one type of eviction, where someone claims ownership of the property and evicts, but also where action is taken by the Servian action.

Notes

  1. §21.2.34.prita emeris, ne prostituatur et, cum prostitutum fuisset, ut liberum esset — The descriptive adverb `ita` ("on such terms") is elaborated by the subsequent negative condition introduced by `ne` and the positive condition introduced by `ut` (which itself contains a temporal conditional clause starting with `cum`).
  2. §21.2.34.prfaciente te — An ablative absolute consisting of the present participle `faciente` and the personal pronoun `te` in the ablative, here expressing the cause of the action ("by your acting [contrary to the terms]").
  3. §21.2.34.1communi diuidundo — A formulaic expression with the noun `iudicio` (trial/action) omitted, meaning "in an action for dividing common property."
  4. §21.2.34.1ut mihi habere non liceat — The conjunction `ut` introduces a clause of result dependent on the verb `euincatur`, meaning "is evicted with the result that I am not permitted to keep it."
  5. §21.2.34.2non unam — A litotes meaning "not only one" (i.e., multiple or diverse types). It emphasizes that the double-value stipulation is not restricted to a single typical eviction based on a claim of ownership, but also extends to other forms of legal eviction.

Cite this passage

Justinian I, The Digest of Justinian §21.2.34.pr-21.2.34.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.34.pr-21.2.34.2

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.