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Justinian I · The Digest of Justinian §38.4.7.pr

Form and Legal Nature of Assigning a Freedman

Passage 5995 of 9271 · Latin

Summary

This section explains that the assignment of a freedman can be made either unconditionally or conditionally, as well as by letter or other documents, and that because it is not treated as a legacy or trust, it cannot be burdened with a trust.

[SCAEUOLA libro secundo regularum. ] §38.4.7.prAdsignare et pure et sub condicione, et per epistulam uel testationem uel chirographum possumus, quia adsignatio liberti neque quasi legatum neque quasi fideicommissum percipitur: denique nec fideicommisso onerari potest.
[SCAEVOLA in the second book of the Rules.]\n\nWe can assign a freedman both unconditionally and under a condition, and also by letter, or by affidavit, or by holograph, because the assignment of a freedman is not perceived either as a legacy or as a trust; consequently, it cannot even be burdened with a trust.

Notes

  1. §38.4.7.prAdsignare — The object of the transitive verb adsignare (to assign) is not explicitly stated, but is understood as libertum (a freedman) from the preceding context and the subsequent genitive liberti. Additionally, in the structure et pure et sub condicione, et..., the first two instances of et are correlatives (both... and...), while the third et functions as an additive conjunction (and also).
  2. §38.4.7.prpercipitur — Passive of the verb percipere (to receive, perceive). Here it is used not in the sense of sensory perception, but in a legal sense meaning 'to be recognized or treated' as belonging to the category of a legacy or trust.

Cite this passage

Justinian I, The Digest of Justinian §38.4.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.4.7.pr

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