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Justinian I · The Digest of Justinian §33.8.19.pr-33.8.19.2

Manumission, Peculium Scope, and Transfer of Actions

Passage 5108 of 9271 · Latin

Summary

Cases from Papinian concerning the ownership of peculium property omitted from a declaration upon manumission, the transfer of actions for peculiary debts when a slave is manumitted in life after being granted freedom by will, and the inheritance implications of a son-in-power manumitting a peculiary slave during his father's lifetime.

[PAPINIANUS libro septimo responsorum. ] §33.8.19.prCum dominus seruum uellet manumittere, professionem edi sibi peculii iussit atque ita seruus libertatem accepit.
[Papinian, Answers, Book 7.] When a master wished to manumit a slave, he ordered a declaration of his peculium to be presented to him, and in this way the slave received his freedom.
res peculii professioni subtractas non uideri manumisso tacite concessas apparuit.
It appeared that properties of the peculium which were omitted from the declaration were not deemed to have been tacitly granted to the manumitted slave.
§33.8.19.1Testamento data libertate peculium legauerat eundemque postea manumiserat: libertus, ut et nominum peculii actiones ei praestarentur, ex testamento consequetur.
If a master had bequeathed a peculium after granting freedom in a will, and had subsequently manumitted the same slave in his lifetime: the freedman will obtain under the will that the actions for the debts of the peculium should also be made over to him.
§33.8.19.2Filius familias, cui pater peculium legauit, seruum peculii uiuo patre manumisit: seruus communis omnium heredum est exemptus peculio propter filii destinationem, quia id peculium ad legatarium pertinet, quod in ea causa moriente patre inueniatur:
A son-in-power, to whom his father had bequeathed a peculium, manumitted a slave belonging to the peculium during the father's lifetime: the slave is common to all the heirs, having been exempt from the peculium on account of the son's destination, because only that peculium belongs to the legatee which is found in that condition at the death of the father:

Notes

  1. §33.8.19.prprofessioni subtractas — The dative professioni is a dative of separation depending on the past participle subtractas (from subtrahere), referring to properties excluded from the declaration of the peculium.
  2. §33.8.19.1nominum peculii actiones — nomina (plural of nomen, "name" or "entry in an account book") is used here in its legal sense to mean "debts" or "claims." Thus, nominum peculii actiones refers to actions for the debts belonging to the peculium.
  3. §33.8.19.2propter filii destinationem — Although the manumission of a slave by a son-in-power during the father's lifetime is not fully valid without the father's consent, this "destination" (intention to manumit) removes the slave from the composition of the peculium, resulting in his exclusion from the legacy of the peculium and making him common to all heirs.

Cite this passage

Justinian I, The Digest of Justinian §33.8.19.pr-33.8.19.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.8.19.pr-33.8.19.2

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