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Justinian I · The Digest of Justinian §37.4.2.pr

Possession by Child of a Restored Penal Slave

Passage 5730 of 9271 · Latin

Summary

Hermogenianus states that the same rule applies, admitting the child to the possession of goods, even if the father is reduced to a slave of punishment and subsequently restored.

[HERMOGENIANUS libro tertio iuris epitomarum. ] §37.4.2.prIdemque est et si pater poenae et seruus efficiatur et postea restituatur.
[HERMOGENIANUS, Epitomes of Law, book 3] The same holds true even if the father is made a slave of punishment and is afterwards restored.

Notes

  1. §37.4.2.prIdemque est — Meaning "the same holds true." It refers back to the conclusion in the preceding fragment (Ulpianus, D. 37.4.1.9) regarding the eligibility for the possession of goods of a person who was punished and subsequently restored.
  2. §37.4.2.prpoenae et seruus — Refers to the classical Roman law concept of `seruus poenae` (a slave of punishment), denoting a person reduced to slavery as a consequence of a criminal sentence. Although the conjunction `et` is present in the manuscript tradition, it functionally expresses the single legal concept of `seruus poenae`.
  3. §37.4.2.prefficiatur ... restituatur — Present subjunctives (third-person singular) introduced by the conditional conjunction `si`, expressing a general hypothesis or condition in legal texts ("if he is made ... [and] is restored").

Cite this passage

Justinian I, The Digest of Justinian §37.4.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.4.2.pr

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