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Justinian I · The Digest of Justinian §24.1.67.pr

Validity of Re-delivering a Slave to the Husband

Passage 3579 of 9271 · Latin

Summary

This text addresses a transaction where a wife purchases a slave with money given by her husband and then delivers that slave back to him as a gift, stating that the delivery is valid and no legal action can be brought.

[LABEO libro secundo pithanon a Paulo epitomatorum. ] §24.1.67.prSi uxor nummis a uiro aut ab eo qui in eius potestate esset sibi donatis seruum emerit, deinde, cum eius factus fuerit, eum ipsum donationis causa uiro tradiderit, rata erit traditio, quamuis ea mente facta fuerit qua ceterae donationes, neque ulla actio eius nomine dari potest.
[LABEO, in the second book of his Epitomes of Probabilities by Paul.] If a wife buys a slave with money given to her by her husband or by someone in his power, and then, when the slave has become hers, she delivers that very slave to her husband by way of donation, the delivery will be valid, even though it was made with the same intention as other donations, and no action can be granted on this account.

Notes

  1. §24.1.67.preius — The pronoun `eius` within the clause introduced by `cum` is a feminine singular genitive of the demonstrative `is`, referring to the wife (`uxor`). Used with `factus fuerit`, where the slave (`seruus`) is the subject, it functions as a possessive genitive meaning "became hers" or "became her property."
  2. §24.1.67.prea mente ... qua — The relative pronoun `qua` agrees in gender and case (ablative) with its antecedent `mente`. A verb is understood to be omitted in the relative clause, which can be completed as `qua [mente] ceterae donationes [fiunt]`, meaning "with the same intention with which other donations are made."

Cite this passage

Justinian I, The Digest of Justinian §24.1.67.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.67.pr

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