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Justinian I · The Digest of Justinian §38.1.5.pr

Stipulation for Services and Posthumous Children

Passage 5890 of 9271 · Latin

Summary

It describes that if someone stipulates for services for themselves and their children, the effect of that stipulation extends even to posthumous children.

[ULPIANUS libro quinto decimo ad Sabinum. ] §38.1.5.prSi quis operas sit stipulatus sibi liberisque suis, etiam ad postumos peruenit stipulatio.
[ULPIAN, in the fifteenth book on Sabinus.] If anyone has stipulated for services for himself and his children, the stipulation extends even to posthumous children.

Notes

  1. §38.1.5.prsit stipulatus — The subjunctive perfect of the deponent verb stipulor (to stipulate, to have promised to oneself). Although passive in form, it has an active meaning. It appears here in the conditional clause introduced by si to express a hypothesized action.
  2. §38.1.5.prpostumos — Accusative plural of the substantivized adjective postumus (latest, born after the father's death). In Roman law, it refers to 'posthumous children.' It indicates that the effect of the stipulation (stipulatio) extends even to children who were not yet born at the time the contract was concluded.

Cite this passage

Justinian I, The Digest of Justinian §38.1.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.1.5.pr

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