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Justinian I · The Digest of Justinian §39.6.41.pr

Payment by a Conditionally Freed Slave and the Falcidian Law

Passage 6291 of 9271 · Latin

Summary

Explains the legal treatment of property paid by a conditionally manumitted slave (statuliber) to an heir out of his peculium, concerning the Falcidian law and inheritance claims, and the criteria for regarding such payment as made by the slave himself.

[IDEM libro secundo responsorum. ] §39.6.41.prQuod statuliber uni ex heredibus de peculio dedit, ei qui accepit in Falcidiae rationem uenit et in hereditatis petitione, item ex Trebelliano restituitur.
[THE SAME, Opinions, Book 2.] What a statuliber has given to one of the heirs out of his peculium, for the person who received it, comes into the calculation of the Falcidian law and in the petition for an inheritance, and likewise is restored under the Trebellian senatusconsultum.
ex peculio autem uidetur dari, quod statuliber donatum accepit et dedit.
But that which the statuliber received as a gift and gave is deemed to be given out of his peculium.
et quod ab alio nomine ipsius eo praesente datur, prope est, ut ab ipso datum intellegatur.
And what is given by another in his name in his presence is almost to be understood as given by himself.

Notes

  1. §39.6.41.prstatuliber — A "statuliber" is a slave conditionally manumitted, for example, on the condition of paying a certain sum to the heir. This fragment discusses the legal treatment of the property paid to the heir to satisfy this condition.
  2. §39.6.41.prei qui accepit — Dative of reference or benefit. It indicates from whose perspective or share the calculation and restoration are concerned in the subsequent expressions (such as in Falcidiae rationem uenit), meaning "for the heir who received it."
  3. §39.6.41.prprope est, ut — The impersonal expression prope est ("it is near", "it is almost the case") followed by ut and the subjunctive present passive (intellegatur), meaning "it should be understood as..." or "it is almost as if it is understood as...".

Cite this passage

Justinian I, The Digest of Justinian §39.6.41.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.6.41.pr

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