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Justinian I · The Digest of Justinian §28.5.77.pr

Enfranchisement and Institution of a Donated Slave

Passage 4256 of 9271 · Latin

Summary

Papinianus discusses the legal status of a slave given by a husband to his wife as a donation mortis causa, and the slave's status as a necessary heir when receiving freedom and an inheritance under a will.

[IDEM libro quinto decimo quaestionum. ] §28.5.77.prSeruus uxori a marito mortis causa donatus mariti manet, ut et Iuliano quoque uidetur.
[THE SAME, Questions, book 15.] A slave given by a husband to his wife as a donation mortis causa remains the property of the husband, as is also the opinion of Julian.
idem si accipiat libertatem simul et hereditatem, uiro necessarius heres erit: nec sine libertate aliquid ei legari potest.
If the same slave receives freedom and the inheritance at the same time, he will be a necessary heir to the husband; and nothing can be bequeathed to him without freedom.

Notes

  1. §28.5.77.prmariti manet — mariti is a possessive genitive. Combined with the verb manet, it means "remains [the property] of the husband." Since a donation mortis causa is not fully effective during the donor's lifetime, the ownership remains with the husband.
  2. §28.5.77.prnecessarius heres — Refers to a "necessary heir" (necessarius heres). In Roman law, a slave who was granted freedom and designated as an heir at the same time in his master's will became an heir by operation of law, without the right to accept or refuse the inheritance.

Cite this passage

Justinian I, The Digest of Justinian §28.5.77.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.5.77.pr

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