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Justinian I · The Digest of Justinian §38.1.47.pr

Services Demanded from a Person Manumitted by Trust

Passage 5932 of 9271 · Latin

Summary

Citing Campanus, this text explains that while obligations such as services cannot normally be imposed on a person freed under a trust, if the freed person agreed to be bound knowing they could refuse, the action for services is not barred.

[IDEM libro sexto fideicommissorum. ] §38.1.47.prCampanus scribit non debere praetorem pati donum munus operas imponi ei, qui ex fideicommissi causa manumittatur.
[THE SAME, in his sixth book on Trusts.] Campanus writes that the praetor ought not to permit a gift, a duty, or services to be imposed on one who is manumitted pursuant to a trust.
sed si, cum sciret posse se id recusare, obligari se passus sit, non inhibendam operarum petitionem, quia donasse uidetur.
But if, although he knew that he could refuse this, he allowed himself to be bound, the petition for services must not be barred, because he is deemed to have made a donation.

Notes

  1. §38.1.47.prnon debere praetorem pati — An accusative with infinitive (AcI) construction introduced by the main verb `scribit`. `praetorem` is the subject accusative, and `debere` is the infinitive, which in turn takes the complementary deponent infinitive `pati` ('to permit').
  2. §38.1.47.prdonum munus operas — Three categories of patronal impositions listed in asyndeton (without conjunctions). They function as the subject accusative of the passive infinitive `imponi` ('to be imposed').
  3. §38.1.47.prnon inhibendam — A gerundive of obligation/necessity (`non inhibendam [esse]`) in the indirect discourse continuing from the main verb `scribit`. The copula `esse` is omitted, and it agrees with the subject accusative `operarum petitionem`.

Cite this passage

Justinian I, The Digest of Justinian §38.1.47.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.1.47.pr

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