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Justinian I · The Digest of Justinian §38.2.24.pr

Lapse of Rights by One Co-Patron over a Common Freedman

Passage 5960 of 9271 · Latin

Summary

In the case of a common freedman, if one of the two patrons imposes an improper oath or dies during the freedman's lifetime, the other patron alone acquires the possession of the goods representing the shares of both.

[IDEM libro sexagensimo quinto digestorum. ] §38.2.24.prCommuni liberto si ex duobus patronis alter iusiurandum exegerit ne uxorem ducat, uel uiuo liberto decesserit: is qui extra hanc culpam fuerit uel superuixerit partis utrique debitae bonorum possessionem solus habebit.
[THE SAME, in the sixty-fifth book of Digests.] In the case of a common freedman, if one of two patrons has exacted an oath from him not to marry, or has died during the lifetime of the freedman: the one who was free from this fault, or who has survived, shall alone have the possession of goods of the share due to both.

Notes

  1. §38.2.24.prCommuni liberto — A dative placed at the beginning of the sentence, serving to present the reference situation under legal consideration ("in the case of a common freedman").
  2. §38.2.24.pruiuo liberto — An ablative absolute construction consisting of the noun liberto and the adjective uiuo, expressing the temporal condition "while the freedman is still alive."
  3. §38.2.24.prpartis utrique debitae — The word partis is the genitive singular of pars, modifying bonorum possessionem. The dative utrique depends on debitae, meaning "(of the share) due to both of them". It refers to the entirety of the shares that would normally have been allocated to each of the two patrons.

Cite this passage

Justinian I, The Digest of Justinian §38.2.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.2.24.pr

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