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Justinian I · The Digest of Justinian §28.6.18.pr-28.6.18.1

Pupillary Substitution with Freedom and Revocation of Legacy

Passage 4290 of 9271 · Latin

Summary

It discusses the requirements and status of a common slave substituted with freedom for an impuber, and the effect on a legacy when a bequeathed slave is substituted.

[ULPIANUS libro sexto decimo ad Sabinum. ] §28.6.18.prSi seruus communis substitutus sit impuberi cum libertate, si quidem a patre familias fuisset redemptus, erit impuberi necessarius: si uero ab impubere redemptus, non necessarius, sed uoluntarius fit heres, ut Iulianus libro trigesimo digestorum scribit: quod si neque a patre neque a pupillo fuerit redemptus, aequitatis ratio suggerit, ut ipse pretium partis suae domino offerens possit et libertatem et hereditatem consequi.
[ULPIAN, Book 16 on Sabinus.] If a common slave has been substituted for an impuber with freedom, if indeed he had been redeemed by the paterfamilias, he will be a necessary heir to the impuber; but if he was redeemed by the impuber, he becomes not a necessary but a voluntary heir, as Julian writes in the thirtieth book of the Digests. But if he was redeemed neither by the father nor by the pupillus, the principle of equity suggests that, by offering the price of his share to his master, he can obtain both his freedom and the inheritance.
§28.6.18.1Si Titio fuerit legatus seruus, posse eum impuberi substitui cum libertate, quemadmodum institui potuit, et euanescit legatum existente condicione substitutionis.
If a slave has been bequeathed to Titius, he can be substituted for an impuber with freedom, just as he could have been instituted, and the legacy vanishes when the condition of the substitution is fulfilled.

Notes

  1. §28.6.18.prdomino — Since the slave is held in common (seruus communis), "domino" (master) refers to the other co-owner. "partis suae" (of his share) refers to the share that this co-owner held in the slave. This is an equitable remedy allowing the slave to purchase this share to attain freedom.
  2. §28.6.18.1posse — An infinitive in indirect speech (accusative with infinitive), representing the opinion of the jurist (or a prior ruling) that "it is possible for him to be substituted."

Cite this passage

Justinian I, The Digest of Justinian §28.6.18.pr-28.6.18.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.6.18.pr-28.6.18.1

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