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Justinian I · The Digest of Justinian §37.14.18.pr

Prohibition of Freedman Competing in Same Colony

Passage 5868 of 9271 · Latin

Summary

Scaeuola replies to a query on whether a patron can prohibit his freedman from conducting the same kind of business in the same colony where the patron himself operates, stating that it is not allowed.

[SCAEUOLA libro quarto responsorum. ] §37.14.18.prQuaero, an libertus prohiberi potest a patrono in eadem colonia, in qua ipse negotiatur, idem genus negotii exercere.
[SCAEVOLA, in the fourth book of Opinions.] I ask whether a freedman can be prohibited by his patron from carrying on the same kind of business in the same colony in which the patron himself is engaged in business.
Scaeuola respondit non posse prohiberi.
Scaeuola replied that he cannot be prohibited.

Notes

  1. §37.14.18.pran libertus prohiberi potest — The conjunction `an` introducing an indirect question is followed by the indicative present `potest` instead of the classical subjunctive `possit`, which reflects a more colloquial or later usage, or the practical style of juristic Latin.
  2. §37.14.18.pripse — The intensive pronoun `ipse` in the relative clause `in qua ipse negotiatur` refers to the `patronus` (from `a patrono`) rather than the subject of the main clause, `libertus`.
  3. §37.14.18.prnon posse prohiberi — This is an accusative and infinitive (AcI) construction following `respondit`, where the subject accusative of `posse` (namely, `libertum`) is omitted because it is clear from the context.

Cite this passage

Justinian I, The Digest of Justinian §37.14.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.14.18.pr

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