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Justinian I · The Digest of Justinian §30.1.102.pr

Invalidity of Legacy from Unlawful Manumission by Minor

Passage 4698 of 9271 · Latin

Summary

Explains that if an owner under twenty manumitted a slave without approved cause and left him a legacy, even if that slave was subsequently alienated and freed, the legacy remains void.

[IDEM libro octagesimo primo digestorum. ] §30.1.102.prSi minor quam uiginti annis dominus seruum causa non probata manumiserit et postea legatum ei dederit isque alienatus ad libertatem perductus fuisset, legatum non capit: nam perinde nullius est momenti legatum, ac si sine libertate datum fuisset.
[THE SAME, from the eighty-first book of the Digests.] an owner under twenty years of age has manumitted a slave without the cause having been approved, and subsequently has given a legacy to him, and that slave, having been alienated, has been brought to freedom, he does not take the legacy; for the legacy is of no effect, just as if it had been given without freedom.

Notes

  1. §30.1.102.prminor quam uiginti annis — Meaning "under twenty years of age." An adjectival expression modifying the nominative 'dominus'. The ablative 'annis' is used after the comparative 'quam'.
  2. §30.1.102.prcausa non probata — An ablative absolute construction of the noun 'causa' and the perfect participle 'probata', meaning "the cause not having been approved." It refers to the investigation of cause required under the Lex Aelia Sentia for an owner under twenty to manumit a slave.
  3. §30.1.102.prnullius est momenti — A genitive of quality used predicatively. Literally "is of no importance," meaning "is of no effect" or "is void."
  4. §30.1.102.prperinde ... ac si — A comparative conditional conjunction meaning "just as if." It takes the subjunctive pluperfect 'datum fuisset', indicating that the result is identical to when a legacy was given without the grant of freedom.

Cite this passage

Justinian I, The Digest of Justinian §30.1.102.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.102.pr

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