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Justinian I · The Digest of Justinian §38.1.6.pr

Transfer of Economic and Respectful Services to Heirs

Passage 5891 of 9271 · Latin

Summary

The author discusses that among the services owed by freedmen, those with economic value, like artisan services, pass to the heir, whereas respectful services do not.

[IDEM libro uicensimo sexto ad Sabinum. ] §38.1.6.prFabriles operae ceteraeque, quae quasi in pecuniae praestatione consistunt, ad heredem transeunt, officiales uero non transeunt.
[THE SAME, in the twenty-sixth book on Sabinus.] Artisan services and other services which consist, as it were, in the payment of money, pass to the heir, but respectful services do not.

Notes

  1. §38.1.6.profficiales — The noun `operae` is understood. Unlike `fabriles` (artisan services) which possess an objective economic value, `operae officiales` (respectful services) are based on personal respect towards the patron and are therefore not transmissible to heirs.
  2. §38.1.6.prquasi in pecuniae praestatione consistunt — By using the adverb `quasi` ('as it were'), the text explains that artisan services and similar duties possess a character equivalent to a financial or pecuniary performance (`pecuniae praestatio`).

Cite this passage

Justinian I, The Digest of Justinian §38.1.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.1.6.pr

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