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Justinian I · The Digest of Justinian §24.1.29.pr-24.1.29.1

Risk of Replacement Slaves and Garments Made of Donated Wool

Passage 3539 of 9271 · Latin

Summary

This chunk disputes Fulcinius' view on who bears the risk of a second slave purchased after selling the first one bought with donated money, and presents Labeo's opinion on the ownership of garments made from donated wool.

[POMPONIUS libro quarto decimo ad Sabinum. ] §24.1.29.prSi mulier ex pecunia donata emptum seruum uendidisset et alium emisset, posteriorem periculo mulieris esse Fulcinius scripsit: quod non est uerum, licet non ex re mariti emptus sit.
[POMPONIUS, in the fourteenth book on Sabinus.] If a woman, having sold a slave bought with donated money, had bought another one, Fulcinius wrote that the latter is at the risk of the woman; which is not true, although he was not bought from the property of the husband.
§24.1.29.1Si uir uxori lanam donauit et ex ea lana uestimenta sibi confecit, uxoris esse uestimenta Labeo ait:
If a husband donated wool to his wife, and from that wool she made garments for herself, Labeo says that the garments belong to the wife:

Notes

  1. §24.1.29.prpericulo mulieris esse — periculo is an ablative of attendant circumstance, meaning "to be at the risk of the woman" (i.e., she bears the risk of loss).
  2. §24.1.29.prlicet non ex re mariti emptus sit — licet is a concessive conjunction meaning "although," taking the subjunctive (here, the perfect subjunctive emptus sit). re mariti (husband's property) refers to the fact that the second slave was bought not directly with the husband's money, but with the proceeds of the sale of the first slave.

Cite this passage

Justinian I, The Digest of Justinian §24.1.29.pr-24.1.29.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.29.pr-24.1.29.1

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