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Justinian I · The Digest of Justinian §35.1.110.pr

Condition Fulfilled by Unauthorized Payment and Recovery

Passage 5441 of 9271 · Latin

Summary

It is determined that if a conditionally freed slave pays a third party from his peculium against the heirs' will, the slave indeed gains freedom, but the heirs can reclaim the money from the recipient who accepted it in bad faith.

[POMPONIUS libro nono epistularum. ] §35.1.110.prEtiamsi inuitis heredibus ex peculio statuliber pecuniam Titio det, liber quidem fit: sed Titius, qui inuitis heredibus sciens accepit, pro possessore uidetur eam pecuniam possidere, ut auocare eam hi, qui inuiti fuerunt, possint.
[POMPONIUS in his ninth book of Letters.] Even if, against the will of the heirs, a conditionally freed slave should give money to Titius from his peculium, he indeed becomes free; but Titius, who knowingly accepted it against the will of the heirs, is deemed to possess that money as a possessor, so that those who were unwilling can reclaim it.

Notes

  1. §35.1.110.prinuitis heredibus — An ablative absolute construction consisting of the noun heredibus and the adjective inuitis, expressing a concession or attendant circumstance, 'against the will of the heirs'.
  2. §35.1.110.prpro possessore — A legal technical expression meaning 'as a possessor'. It refers to someone who holds property without a just title as if they were the owner, which allows the original owners (the heirs) to reclaim it.
  3. §35.1.110.prsciens — A present participle in the nominative singular, describing the state of the subject Titius. It functions adverbially ('knowingly') and indicates the element of bad faith regarding the heirs' lack of consent.

Cite this passage

Justinian I, The Digest of Justinian §35.1.110.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.110.pr

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