Humanitext Reader

Justinian I · The Digest of Justinian §23.5.2.pr

Ban on Alienating Dotal Land by Master or Treasury

Passage 3493 of 9271 · Latin

Summary

Discusses that if a husband is reduced to slavery, his owner is not allowed to alienate the dotal land, and even if the land passes to the solvent imperial treasury, its sale is still prohibited.

[ULPIANUS libro quinto de adulteriis. ] §23.5.2.prSi maritus fuerit in seruitutem redactus, an dominus alienare hunc fundum non possit? quod puto esse uerius.
[ULPIAN, On Adultery, Book V.] If the husband has been reduced to slavery, can his owner not alienate this land? Which I think is more correct.
quare et si ad fiscum peruenerit, nihilo minus uenditio fundi impeditur, quamuis fiscus semper idoneus successor sit et soluendo.
Therefore, even if it has come to the imperial treasury, nevertheless, the sale of the land is prevented, although the treasury is always a suitable successor and solvent.

Notes

  1. 23.5.2.pran — Question particle. Here it introduces a question arising from the previous context (the prohibition of alienation by the husband itself), asking "is his owner not also unable to alienate the land?".
  2. 23.5.2.prsoluendo — Dative of the gerundive. The phrase "soluendo esse" is an idiomatic expression meaning "to be solvent" (capable of paying). Here it is used in coordination with "successor" to describe the character of the "fiscus" (the treasury) as being solvent.

Cite this passage

Justinian I, The Digest of Justinian §23.5.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.5.2.pr

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