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Justinian I · The Digest of Justinian §38.1.32.pr

Invalidity of Promises Burdening Freedom and Loss of Estate Rights

Passage 5917 of 9271 · Latin

Summary

A promise of money made to a patron to burden a slave's freedom is declared non-binding, and if a patron exacts such money, he forfeits his right to claim possession of the freedman's estate contrary to the will.

[IDEM libro sexto pandectarum. ] §38.1.32.prIs qui onerandae libertatis causa pecuniam patrono repromiserit, non tenetur: uel patronus, si pecuniam exegerit, bonorum possessionem contra tabulas eius non potest petere.
[THE SAME, in his sixth book of the Pandects.] He who has promised money to his patron for the purpose of placing a burden on his freedom is not bound; or, if the patron has exacted the money, he cannot petition for possession of his estate contrary to the provisions of his will.

Notes

  1. §38.1.32.pronerandae libertatis causa — The gerundive `onerandae` agrees with the noun `libertatis` in the genitive, which, along with `causa`, expresses purpose ("for the purpose of burdening freedom"). It refers to the act of imposing an unfair financial liability on the slave as a condition of manumission.
  2. §38.1.32.prbonorum possessionem contra tabulas — Refers to the Roman law remedy of "possession of the estate contrary to the provisions of the will" (bonorum possessio contra tabulas). Although a patron could normally claim their statutory share of the freedman's estate despite the will, they forfeit this privilege here as a penalty for extorting money.

Cite this passage

Justinian I, The Digest of Justinian §38.1.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.1.32.pr

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