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Justinian I · The Digest of Justinian §34.4.27.pr-34.4.27.1

Revocation of Legacy to Bequeathed Slaves After Alienation

Passage 5259 of 9271 · Latin

Summary

Paulus discusses the legacy given to a bequeathed slave, explaining the validity of revocation after alienation and the invalidity of revocation after manumission, even if the slave falls back into slavery.

[IDEM libro uicesimo primo quaestionum. ] §34.4.27.prSeruus legatus est et ei aliquid.
[THE SAME in the twenty-first book of Questions.] A slave was bequeathed, and also something to him.
si alienato eo adimatur quod ei legatum est, ualet ademptio, quia et legatum potest procedere, si redimatur.
If, after he has been alienated, that which was bequeathed to him is revoked, the revocation is valid, because the legacy also can take effect, if he should be ransomed.
§34.4.27.1Seruo legato et inter uiuos manumisso si legatum adimatur, rullius momenti ademptio est: igitur legatum, quod ipsi datum est, capiet.
If, from a slave who has been bequeathed and manumitted during lifetime, the legacy is revoked, the revocation is of no effect; therefore, he will take the legacy which was given to him.
nam etsi rursus in seruitutem ceciderit, non tamen legatum eius resuscitabitur: nouus enim uidetur homo esse.
For even if he should fall back into slavery, his legacy will not, however, be revived; for he is seen to be a new man.

Notes

  1. §34.4.27.1Seruo legato et inter uiuos manumisso si legatum adimatur — The dative noun phrase 'seruo... manumisso' functions as a dative of separation (from whom something is taken) governed by the verb 'adimatur'. Although it could be construed as an ablative absolute ('a slave having been bequeathed and manumitted'), the dative reading is more natural due to its syntactic connection with the verb.
  2. §34.4.27.1rullius momenti — This is considered a scribal error for 'nullius momenti' ('of no importance', 'null and void'). 'momenti' is a genitive of quality, which, together with the adjective 'nullius', denotes complete lack of legal validity.

Cite this passage

Justinian I, The Digest of Justinian §34.4.27.pr-34.4.27.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.4.27.pr-34.4.27.1

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