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Justinian I · The Digest of Justinian §21.2.42.pr

Eviction of Offspring Born After Sale of Pregnant Slave

Passage 3123 of 9271 · Latin

Summary

This section explains that if a child born after the sale of a pregnant female slave is evicted, the seller is not liable for eviction, as the offspring was not part of the sale.

[PAULUS libro quinquagesimo tertio ad edictum. ] §21.2.42.prSi praegnas ancilla uendita et tradita sit, euicto partu uenditor non potest de euictione conueniri, quia partus uenditus non est.
[PAULUS, on the Edict, Book LIII.] If a pregnant female slave has been sold and delivered, and her offspring is evicted, the seller cannot be sued on the eviction, because the offspring was not sold.

Notes

  1. §21.2.42.preuicto partu — An ablative absolute construction consisting of the noun partus (fourth declension, here in the ablative singular) and the perfect participle euicto (from euincere). In relation to the main clause, it functions either as concessive ('even if the offspring is evicted') or conditional ('in the event that the offspring is evicted').

Cite this passage

Justinian I, The Digest of Justinian §21.2.42.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.42.pr

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