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Justinian I · The Digest of Justinian §38.1.29.pr

Inheritance of Actions for Services on Patron's Death

Passage 5914 of 9271 · Latin

Summary

This section provisions who inherits the lawsuit for services against a freedman when the patron dies. It is not granted to an outside heir, but is always available to a son unless he has been disinherited, regardless of his status as heir or whether joinder of issue had occurred.

[ULPIANUS libro sexagensimo quarto ad edictum. ] §38.1.29.prSi operarum iudicio actum fuerit cum liberto et patronus decesserit, conuenit translationem heredi extraneo non esse dandam: filio autem et si heres non extat et si lis contestata non fuerat, tamen omnimodo competit, nisi exheredatus sit.
[ULPIANUS, in his sixty-fourth book on the Edict.] an action has been brought against a freedman in a suit for services and the patron has died, it is agreed that the transfer of the action should not be granted to an outside heir; however, for a son, even if he does not stand as heir, and even if joinder of issue had not taken place, the action is nevertheless available in every way, unless he has been disinherited.

Notes

  1. §38.1.29.prconuenit — The impersonal verb conuenit is used here to mean "it is agreed" or "there is a consensus among jurists," taking the accusative with infinitive clause (translationem... non esse dandam) as its subject.
  2. §38.1.29.prcompetit — The intransitive verb competere is used in this legal context to mean "to be available" or "to belong as a right," governing the dative filio. Its implied subject is the right of action derived from the preceding operarum iudicio actum fuerit.
  3. §38.1.29.prheredi extraneo — A technical legal term referring to an "outside heir" (an heir who is not a member of the deceased patron's household), which is contrasted with family heirs and natural sons.

Cite this passage

Justinian I, The Digest of Justinian §38.1.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.1.29.pr

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