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Justinian I · The Digest of Justinian §38.1.51.pr

Survival of Claims for Services without Patronal Rights

Passage 5936 of 9271 · Latin

Summary

Explains that the claim for services may persist even when the patron's right does not exist, such as in certain situations involving the assignment of a freedman.

[PAULUS libro secundo manualium. ] §38.1.51.prInterdum operarum manet petitio, etiamsi ius patroni non sit: ut euenit in fratribus eius, cui adsignatus est libertus, aut nepote alterius patroni extante alterius patroni filio.
[PAULUS, Manuals, Book II.] Sometimes the claim for services remains, even if the right of a patron does not exist: as happens in the case of the brothers of him to whom a freedman has been assigned, or in the case of the grandson of one patron while the son of the other patron is still living.

Notes

  1. §38.1.51.prcui adsignatus est libertus — A relative clause whose antecedent is the genitive eius (modifying fratribus). It refers to the assignment of a freedman (adsignatio liberti) in Roman law, meaning 'the person to whom the freedman has been assigned (by the patron among his heirs)'.
  2. §38.1.51.prnepote alterius patroni extante alterius patroni filio — nepote is an ablative governed by the preposition in, standing in parallel with in fratribus (implied: in nepote). On the other hand, extante alterius patroni filio is an ablative absolute with the present participle extante, expressing the attendant circumstance 'while the son of the other patron is still living'.

Cite this passage

Justinian I, The Digest of Justinian §38.1.51.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.1.51.pr

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