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Justinian I · The Digest of Justinian §32.0.74.pr

Own Slaves Bequest: Shared and Usufructuary Slaves

Passage 4898 of 9271 · Latin

Summary

According to Pomponius, if 'one's own slaves' are bequeathed, both shared slaves and those in whom another person holds a usufruct are included in the bequest.

[POMPONIUS libro sexto ad Sabinum. ] §32.0.74.prSi quis suos seruos legauit, communes quoque continentur et in quibus usus fructus alienus fuit.
[POMPONIUS, from his sixth book on Sabinus.] If someone has bequeathed his own slaves, those held in common are also included, as well as those in whom another person held the usufruct.

Notes

  1. §32.0.74.prin quibus usus fructus alienus fuit — The antecedent of the relative clause (the implicit serui suggested by communes in the preceding clause) is omitted, establishing the structure et [ei serui] in quibus... ('and those slaves in whom another person held the usufruct'). While Ulpian's view in the previous section (§32.0.73.pr) excluded slaves subject to a usufruct, here they are included, showing a divergence in legal opinion.
  2. §32.0.74.prcommunes — A nominal use of the adjective, referring to slaves held in common with others (serui communes).

Cite this passage

Justinian I, The Digest of Justinian §32.0.74.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.74.pr

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