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Justinian I · The Digest of Justinian §39.2.42.pr

Stipulation by a Common Slave for Future Damage

Passage 6166 of 9271 · Latin

Summary

Explains the legal effect when a common slave stipulates for damage not yet done, stating that it is treated as if the masters themselves had stipulated in proportion to their shares.

[IULIANUS libro quinquagensimo octauo digestorum. ] §39.2.42.prSi seruus communis damni infecti stipulatus fuisset, perinde habetur, ac si ipsi domini sua uoce pro partibus stipularentur.
[JULIANUS in the fifty-eighth book of the Digests.] If a common slave had stipulated for damage not yet done, it is treated just as if the masters themselves had stipulated in their own voice in proportion to their shares.

Notes

  1. §39.2.42.prdamni infecti — damni infecti (damage not yet done) is in the genitive case, functioning as the object of the deponent verb stipulari (to stipulate for, to exact a promise).
  2. §39.2.42.prstipulatus fuisset — The pluperfect subjunctive of the deponent verb stipulari is used in the conditional (si) clause. Combined with the present-tense main verb habetur and the imperfect subjunctive stipularentur in the comparison (ac si) clause, it structures a temporal and modal contrast: 'if (in the past) a common slave had stipulated, it is treated as if (now) the masters themselves were stipulating.'

Cite this passage

Justinian I, The Digest of Justinian §39.2.42.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.2.42.pr

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