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Justinian I · The Digest of Justinian §24.1.19.pr-24.1.19.1

Acquisitions by Slaves Given to Sons and Husband's Defense

Passage 3529 of 9271 · Latin

Summary

The text discusses the donation of a slave by a wife to a son under his husband's power, the ownership of property newly acquired by that slave, and whether the husband can raise an exception or claim recovery if the property was bought with his own funds.

[ULPIANUS libro trigesimo secundo ad Sabinum. ] §24.1.19.prSi uxor filio donauerit seruum, qui in patris mariti sit potestate, deinde is seruus ancillam acceperit, dominium mulieri quaeretur: nec interesse Iulianus ait, ex cuius pecunia haec ancilla empta sit, quia nec ex re sua quicquam adquiri potest per eum qui donatur ei cui donatur: hoc enim bonae fidei possessoribus concessum est, uirum autem scientem alienum possidere.
[ULPIANUS libro trigesimo secundo ad Sabinum.] If a wife has donated a slave, who is under the power of his father the husband, to the son, and then this slave has received a female slave, the ownership is acquired for the woman; and Julian says it does not matter from whose money this female slave was bought, because nothing can be acquired from one's own property through him who is donated to him to whom he is donated; for this is conceded to possessors in good faith, but the husband possesses knowing that the slave belongs to another.
§24.1.19.1Idem quaerit, si ex re mariti ea ancilla comparata fuerit, an aduersus agentem mulierem de dote maritus pretium possit per exceptionem retinere.
The same author asks, if that female slave was purchased from the husband's property, whether the husband can retain the price by means of an exception against the wife who is suing for her dowry.
et dicendum est posse maritum et exceptionem habere, si dos ab eo petetur, secundum Marcelli sententiam et, si soluerit, secundum Iulianum condicere posse.
And it must be said that, according to the opinion of Marcellus, the husband can indeed have an exception if the dowry is claimed from him, and, according to Julian, if he has paid it, he can bring an action for recovery.

Notes

  1. 24.1.19.prpatris mariti — Apposition. 'patris' and 'mariti' refer to the same person, meaning 'the father, who is the husband.'
  2. 24.1.19.prper eum qui donatur ei cui donatur — Identification of referents. 'eum qui donatur' refers to the slave who is donated, and 'ei cui donatur' to the son (and his father the husband) as the donee.
  3. 24.1.19.pruirum autem scientem alienum possidere — Accusative with infinitive clause. It is contrasted with the preceding 'bonae fidei possessoribus concessum est', explaining that the husband is excluded from this benefit because he is a possessor in bad faith (knowing that the slave belongs to another).

Cite this passage

Justinian I, The Digest of Justinian §24.1.19.pr-24.1.19.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.19.pr-24.1.19.1

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