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Justinian I · The Digest of Justinian §36.4.15.pr

Exclusion of Consecrated Property and Freed Slaves from Possession

Passage 5707 of 9271 · Latin

Summary

This section explains that even if the heir acted maliciously, a legatee cannot be put into possession of things if they have become religious or consecrated, or if a slave has been lawfully manumitted.

[UALENS libro septimo actionum. ] §36.4.15.prInterdum licet dolo malo fecerit heres, quo minus res in causa hereditaria maneant, non poterit in possessionem earum legatarius mitti, ueluti si locum religiosum fecerit aut quid publice consecrauerit permissu scilicet imperatoris aut aliquem non in fraudem creditoris manumiserit.
[VALENS, book 7 of Actions.] Sometimes, although the heir has acted with malicious intent to prevent the things from remaining in the status of the inheritance, the legatee cannot be put into possession of them; as, for example, if the heir has made a place religious, or has publicly consecrated something, naturally with the permission of the emperor, or has manumitted someone, not for the purpose of defrauding creditors.

Notes

  1. 36.4.15.prquo minus — Conjunction introducing a clause of prevention or hindrance after a verb of doing (here fecerit dolo malo), followed by the subjunctive maneant ("to prevent the things from remaining...").
  2. 36.4.15.prin possessionem — A technical legal expression referring to the "putting into possession" (missio in possessionem), whereby a legatee is allowed to take possession of the estate's goods to preserve their legacy.
  3. 36.4.15.prlocum religiosum — Referring to a "religious place" (such as a burial ground). In Roman law, once a body is buried, the place becomes res extra commercium (outside of commerce), which is why the legatee can no longer be put in possession of it.

Cite this passage

Justinian I, The Digest of Justinian §36.4.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.4.15.pr

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