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Justinian I · The Digest of Justinian §35.2.38.pr-35.2.38.2

Inclusion of Slaves with Special Rights in Estate Valuation

Passage 5483 of 9271 · Latin

Summary

This section regulates whose estate or ownership various categories of slaves (such as conditionally free, shared, subject to usufruct, pledged, or sold under specific clauses) should be counted under for the valuation of inheritance under the Lex Falcidia.

[HERMOGENIANUs libro primo iuris epitomarum. ] §35.2.38.prStatuliber heredis non auget familiam.
[HERMOGENIANUS in the first book of his Epitome of Law.] A conditionally free slave of the heir does not increase the family.
§35.2.38.1Communes serui in utriusque patrimonio connumerantur.
Common slaves are counted in the estate of both owners.
§35.2.38.2Cuius usus fructus alienus est, in dominio domini proprietatis connumeratur, pignori dati in debitoris, sub lege commissoria distracti, item ad diem addicti in uenditoris.
A slave of whom the usufruct belongs to another is counted in the ownership of the owner of the property; those given in pledge are counted in that of the debtor; those sold under a forfeiture clause, and likewise those knocked down subject to a better offer by a certain day, are counted in that of the seller.

Notes

  1. §35.2.38.prfamiliam — Here "familia" refers to the "patrimony" or the "group of slaves" subject to valuation under the Lex Falcidia. A conditionally free slave (statuliber) belonging to the heir is not counted as increasing the estate for the inheritance calculation.
  2. §35.2.38.2pignori dati in debitoris — A noun meaning ownership or estate (dominio or patrimonio) and the verb (connumerantur) are understood after "in debitoris" and the subsequent "in uenditoris".
  3. §35.2.38.2sub lege commissoria distracti — Refers to slaves sold under a forfeiture clause (lex commissoria), which cancels the sale if the price is not paid. Until the condition is resolved, they continue to be counted on the seller's side.

Cite this passage

Justinian I, The Digest of Justinian §35.2.38.pr-35.2.38.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.38.pr-35.2.38.2

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