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Justinian I · The Digest of Justinian §33.10.12.pr

Classification of Goods by Purpose Rather Than Location

Passage 5134 of 9271 · Latin

Summary

Discusses that just as city and rustic slaves are distinguished by their use rather than location, provisions and household goods should also be legally distinguished by their purpose rather than physical location.

[LABEO libro quarto pithanon a Paulo epitomatorum. ] §33.10.12.prQuemadmodum urbanus seruus et rusticus distinguitur non loco, sed genere usus, ita urbana penus et supellex ad usum urbanum, non ad locum urbanum aut peregrinum dirigenda est, multumque interest, penus et supellex ea quae in urbe sit an urbana legetur uel promittatur.
[LABEO, in his fourth book of Epitomes by Paulus of Labeo's Plausible Views.] Just as a city slave and a rustic slave are distinguished not by location but by the type of use, so city provisions and household goods are to be directed to city use, and not to a city or foreign location; and it makes a great difference whether the provisions and household goods which are in the city, or "city" ones, are bequeathed or promised.

Notes

  1. §33.10.12.prdirigenda est — Although there are two subjects (`penus et supellex`), the verb and gerundive `dirigenda est` are singular, agreeing with the closer subject `supellex` (feminine singular) or treating the combined phrase as a single concept.
  2. §33.10.12.prlegetur — Since it is paired with `promittatur` (present subjunctive) in an indirect question, `legetur` (future indicative passive) is best understood as a manuscript variant or spelling for `legatur` (present subjunctive passive).
  3. §33.10.12.prea quae in urbe sit an urbana — Within the double indirect question introduced by `multum interest`, this contrasts "provisions and household goods physically located in the city" (`ea quae in urbe sit`) with those that are "urban by nature" (`urbana`) as legal definitions.

Cite this passage

Justinian I, The Digest of Justinian §33.10.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.10.12.pr

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