Justinian I · The Digest of Justinian §35.2.44.pr

Fulfillment of Conditions by Slaves and Non-Application of Lex Falcidia

Passage 5489 of 9271 · Latin

Summary

It stipulates that the Lex Falcidia cannot apply if a conditionally free slave has fulfilled the condition using property other than the deceased's estate, or has otherwise obtained freedom by fulfilling the condition.

[IDEM libro uicesimo primo ad edictum. ] §35.2.44.prFalcidia interuenire non potest, si statuliber de alieno dedit, non de bonis defuncti, uel alias est homo liber, qui conditionem impleuit.

[THE SAME in the twenty-first book on the Edict.] The Lex Falcidia cannot intervene if a conditionally free slave has paid from another's property and not from the estate of the deceased, or is in some other way a free man who has fulfilled the condition.

Notes

§35.2.44.prstatuliber — Refers to a slave who is conditionally manumitted by testament, designated to become free once a certain condition (often paying a sum of money to the heir) is fulfilled. In this sentence, it serves as the subject of `dedit` and is linked to `est homo liber`.
§35.2.44.prde alieno — An elliptical expression, omitting a noun such as `patrimonio` or `peculio` ("from another's property"). It stands in contrast with `de bonis defuncti` (from the estate of the deceased), explaining that since the payment does not diminish the testator's estate, there is no need for the intervention of the Lex Falcidia, which protects the heir's share.

Cite this passage

Justinian I, The Digest of Justinian §35.2.44.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.44.pr

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