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Justinian I · The Digest of Justinian §26.7.11.pr

Purchases by a Tutor Found Slave and Master's Deduction

Passage 3846 of 9271 · Latin

Summary

Decides that when a tutor is declared to be a slave, his master cannot exercise the privilege of deduction over items purchased with the pupil's money, and that this rule also applies to curators.

[IDEM libro trigesimo tertio ad edictum. ] §26.7.11.prCirca pupillum, cuius tutor seruus erat pronuntiatus, diuus Pius rescripsit in rebus, quas ex pecunia pupilli seruus comparauerat, dominum non posse uti praerogatiua deductionis.
[The same, in the thirty-third book on the Edict.] Concerning a pupil whose tutor had been declared to be a slave, the Divine Pius wrote in a rescript that, in regard to those things which the slave had purchased with the pupil's money, the master cannot exercise the privilege of deduction.
quod et in curatore obseruandum est.
This must also be observed in the case of a curator.

Notes

  1. §26.7.11.prseruus erat pronuntiatus — Refers to a situation where a person who had been acting as a tutor was subsequently declared by a judicial decision to be a slave (e.g., in a dispute over status).
  2. §26.7.11.prpraerogatiua deductionis — Governed by the verb uti (which takes the ablative case). It refers to the privilege of deduction, by which a master, in actions concerning a slave's peculium, could first deduct what the slave owed to him. Here, this privilege is denied regarding assets purchased with the pupil's money.

Cite this passage

Justinian I, The Digest of Justinian §26.7.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.7.11.pr

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