Justinian I · The Digest of Justinian §38.4.12.pr

Assignment of a Freedman by One Patron and the Other's Rights

Passage 6000 of 9271 · Latin

Summary

This text explains that if one of two joint patrons assigns a freedman to his own son, it does not prevent the other patron from retaining his original complete right of patronage.

[POMPONIUS libro duodecimo epistularum. ] §38.4.12.prSi ex duobus patronis alter eorum filio suo libertum adsignauerit, non obstat, quo minus alter patronus ius solidum suum haberet.

[POMPONIUS in the twelfth book of Letters.] If one of two patrons has assigned a freedman to his own son, this does not prevent the other patron from having his own entire right.

Notes

§38.4.12.prnon obstat, quo minus ... haberet — Following the negative expression of hindrance non obstat ('it does not prevent'), a subjunctive clause introduced by quo minus (or quominus) is used. Although the main verb obstat is in the present tense, the verb in the subjunctive clause is in the imperfect haberet. This sequence may be influenced by the perfect verb adsignauerit in the condition (treated as a historical tense), or it conveys a hypothetical nuance ('would have').

Cite this passage

Justinian I, The Digest of Justinian §38.4.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.4.12.pr

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