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Justinian I · The Digest of Justinian §26.8.12.pr

Acquisition by a Common Slave through Tutor's Authorization

Passage 3908 of 9271 · Latin

Summary

This section explains that if a slave held in common receives property from a ward with the authorization of one co-owner who is also the tutor, that tutor cannot acquire a share due to conflict of interest, so the other co-owner acquires the entire property.

[IULIANUS libro uicesimo primo digestorum. ] §26.8.12.prSi seruus communis tuus et Titii a pupilla tua te auctore aliquam rem per traditionem acceperit, tota ad Titium pertinebit.
[JULIANUS, in the twenty-first book of the Digests.] If a slave owned in common by you and Titius should, with your authorization, receive any property by delivery from your female ward, it will belong entirely to Titius.
MARCELLUS notat: nam quodcumque ad omnes dominos non potest pertinere, id pro solido ad eum, cui adquiri potest, pertinere ueteres comprobauerunt.
MARCELLUS notes: for the ancients approved that whatever cannot belong to all the masters belongs in full to him for whom it can be acquired.

Notes

  1. §26.8.12.prte auctore — An ablative absolute meaning "with your authorization" (as a tutor). Here, one of the co-owners of the slave (you/tuus) is the tutor of the female ward (pupilla tua) and provides authorization. Since a tutor cannot authorize a transaction to his own benefit, you cannot acquire any share through the slave, whereas the other owner, Titius, can.
  2. §26.8.12.prpro solido — Meaning "in full" or "entirely" (without being divided into shares). Normally, property acquired by a common slave is divided among the co-owners according to their shares, but if one co-owner cannot acquire it, the legal rule establishes that it belongs "in full" to the owner who has the capacity to acquire.

Cite this passage

Justinian I, The Digest of Justinian §26.8.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.8.12.pr

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