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Justinian I · The Digest of Justinian §32.0.17.pr-32.0.17.1

Legacies of Future Things and Servitudes Bequeathed to Slaves

Passage 4838 of 9271 · Latin

Summary

Explains that things to come into existence (such as an island formed in the sea or a river) can be bequeathed, and that a servitude can be validly bequeathed to a slave holding a tract of land.

[MAECIANUS libro secundo fideicommissorum. ] §32.0.17.prEtiam ea quae futura sunt legari possunt, ut insula uel in mare uel in fluminibus enata: §32.0.17.1Seruitus quoque seruo praedium habenti recte legatur.
[MAECIANUS from the second book on Trusts.] Even those things which are to come into existence can be bequeathed, such as an island formed either in the sea or in rivers: A servitude also is rightly bequeathed to a slave who holds a tract of land.

Notes

  1. §32.0.17.prea quae futura sunt — A substantive use of the future participle, referring to things that will come into existence in the future.
  2. §32.0.17.1seruo praedium habenti — The present participle habenti modifies the dative noun seruo ('to a slave'). In Roman law, although a slave lacks legal capacity, this refers to a situation where a slave actually holds or manages a tract of land (praedium) as part of their peculium, meaning that a servitude (seruitus) for that land can be validly bequeathed (with the benefit accruing to the owner).

Cite this passage

Justinian I, The Digest of Justinian §32.0.17.pr-32.0.17.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.17.pr-32.0.17.1

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