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Justinian I · The Digest of Justinian §33.5.7.pr

Sale of Some Slaves After Deadline and Legatee Choice

Passage 5026 of 9271 · Latin

Summary

Explains that if the heir has sold some slaves and kept others after the deadline, the legatee's claim to make a choice only from those retained is not allowed, since the heir has already disposed of the household.

[PAULUS libro decimo quaestionum. ] §33.5.7.prImmo et si quosdam seruos distraxit, quosdam retinuit, non est audiendus legatarius, si uelit optare ex retentis ab herede, cum iam disposuerit familiam heres.
[PAULUS, Questions, Book X] Nay, even if the heir has sold some slaves and retained others, the legatee is not to be heard if he wishes to make his choice from those retained by the heir, since the heir has already disposed of his household.

Notes

  1. §33.5.7.prnon est audiendus — A gerundive of obligation combined with the verb "esse" ("to be"), meaning "the legatee is not to be heard" (i.e., his legal claim is not to be admitted).
  2. §33.5.7.prcum iam disposuerit familiam heres — A causal clause introduced by cum with the perfect subjunctive (disposuerit). Here, familia refers to the "household of slaves" rather than blood relatives, and disponere means that the heir has "settled" or "disposed of" their arrangement or fate.

Cite this passage

Justinian I, The Digest of Justinian §33.5.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.5.7.pr

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