Humanitext Reader

Justinian I · The Digest of Justinian §38.2.30.pr

Eviction Claim and Patron's Possession of Goods

Passage 5966 of 9271 · Latin

Summary

This section provisions that a person claiming a paternal freedman as a slave to preserve a cause of action for eviction does not lose the patronal privilege of the possession of goods.

[GAIUS libro secundo ad edictum praetoris urbani titulo de liberali causa. ] §38.2.30.prSi quis libertum paternum in seruitutem ea uoluntate petierit, ut causam euictionis sibi conseruet, non amittit beneficium bonorum possessionis.
[GAIUS, in the second book on the Edict of the Urban Praetor, under the title "On Liberty Cases".] If anyone claims a paternal freedman as a slave with the intention of preserving for himself a cause of action for eviction, he does not lose the benefit of the possession of goods.

Notes

  1. §38.2.30.prin seruitutem ... petierit — The verb petere here denotes bringing a legal claim or action. The phrase in seruitutem petere is a technical legal expression meaning "to claim someone as a slave" in a status dispute.
  2. §38.2.30.prcausam euictionis — Euictio (eviction) refers to the recovery of a property (here, a slave) by its true owner and the resulting liability of the seller. Causa refers to the legal ground or "cause of action" for pursuing or defending against such liability. This assumes a situation where the patron's heir sues formally to preserve their legal position regarding liability.

Cite this passage

Justinian I, The Digest of Justinian §38.2.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.2.30.pr

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