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Justinian I · The Digest of Justinian §39.5.35.pr-39.5.35.2

Transfer of Peculium by Letter and Pledge of Gifts

Passage 6250 of 9271 · Latin

Summary

Presents Scaevola's opinions regarding the written transfer of peculium to a freedman, the effect of pledging an already donated property, and the validity of a donation made through a loan under a grandson's name.

[SCAEUOLA libro trigensimo primo digestorum. ] §39.5.35.prAd eum, quem manumiserat, epistulam misit in haec uerba: Titius Sticho liberto suo salutem.
[SCAEUOLA, from the thirty-first book of Digest.] He sent a letter to the man whom he had manumitted, in these words: "Titius to his freedman Stichus, greeting.
cum te manumiserim, 'peculium quoque tuum omne, quidquid habes tam in nominibus quam in rebus mouentibus siue in numerato, me tibi concedere hac epistula manu mea scripta notum tibi facio'. eundem libertum testamento ex besse scripsit heredem, Sempronium ex triente: nec peculium Sticho legauit nec actiones praestari iussit.
Since I have manumitted you, I make it known to you by this letter written in my own hand that I grant to you all your peculium as well, whatever you have, whether in debts, in movable property, or in cash." In his will, he appointed the same freedman as heir to two-thirds, and Sempronius to one-third; he neither bequeathed the peculium to Stichus nor ordered the actions to be made over to him.
quaesitum est, utrum in assem Sticho actio detur eorundem nominum, quae in peculio habuit, an utrisque heredibus pro portionibus hereditariis.
The question was asked whether an action for those same debts which he had in his peculium should be given to Stichus for the whole, or to both heirs in proportion to their hereditary shares.
respondit secundum ea quae proponerentur utrisque heredibus pro hereditariis portionibus competere.
He answered that, according to the facts proposed, it belonged to both heirs in proportion to their hereditary shares.
§39.5.35.1Lucius Titius fundum Maeuiae donauit et ante traditionem eundem fundum post dies paucos Seio pignori obligauit et intra dies triginta Maeuiam in uacuam possessionem eiusdem fundi induxit: quaero, an donatio perfecta sit.
Lucius Titius donated a tract of land to Maevia, and before delivery, after a few days, pledged the same land to Seius, and within thirty days put Maevia into vacant possession of the same land. I ask whether the donation was completed.
respondit secundum ea quae proponerentur perfectam: uerum creditorem firmam pignoris obligationem habere.
He answered that, according to the facts proposed, it was completed, but that the creditor has a firm obligation of pledge.
§39.5.35.2Auia sub nomine Labeonis nepotis sui mutuam pecuniam dedit, et usuras semper cepit et instrumenta debitorum a Labeone recepit, quae in hereditate eius inuenta sunt: quaero, an donatio perfecta esse uideatur.
A grandmother lent money under the name of her grandson Labeo; she always received the interest herself and received from Labeo the instruments of the debtors, which were found in her estate. I ask whether the donation seems to be completed.
respondit, cum debitor Labeoni obligatus est, perfectam donationem esse.
He answered that since the debtor was obligated to Labeo, the donation was completed.

Notes

  1. §39.5.35.prex besse ... ex triente — Roman inheritance shares based on the duodecimal system (as = 12 parts). "bes" represents eight-twelfths (two-thirds) of the estate, and "triens" represents four-twelfths (one-third).
  2. §39.5.35.prin assem — Literally "to the copper coin (as) in its entirety," meaning "for the whole amount" or "solely." This stands in contrast to "pro portionibus hereditariis" (proportionate to their shares), questioning whether Stichus is entitled to the full amount of the claim or if it is split between the heirs.
  3. §39.5.35.1uacuam possessionem — A legal term meaning "vacant possession" (possession free of any occupant or rival claim), indicating that the donee was put in physical and legal control of the land without any obstacle.
  4. §39.5.35.2cum debitor Labeoni obligatus est — A clause introduced by the causal conjunction "cum," explaining why the donation was complete. Since the loan was issued in the name of the grandson (Labeo), the debtor's contractual obligation (obligatio) was legally established directly in favor of Labeo.

Cite this passage

Justinian I, The Digest of Justinian §39.5.35.pr-39.5.35.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.5.35.pr-39.5.35.2

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