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Justinian I · The Digest of Justinian §39.6.44.pr

Gifts mortis causa to a Slave and Grounds for Recovery

Passage 6294 of 9271 · Latin

Summary

Discusses whether the death of the master or the slave should be considered for a recovery to arise in a donation mortis causa to a slave, concluding that the slave's death is key, but noting that the donation does not benefit a slave manumitted after death but before the opening of the will.

[PAULUS libro primo manualium. ] §39.6.44.prSi seruo mortis causa donatum sit, uideamus, cuius mors inspici debeat, ut sit locus condictioni, domini an ipsius serui.
[PAULUS, Manuals, Book 1.] If a donation mortis causa has been made to a slave, let us see whose death ought to be looked to, so that there may be room for a recovery, the master's or that of the slave himself.
sed magis eius inspicienda est, cui donatum esset.
But rather, the death of him to whom the donation was made is to be looked to.
sed tamen post mortem ante apertas tabulas testamenti manumissum haec donatio non sequitur.
Nevertheless, this donation does not follow one who has been manumitted after death but before the opening of the tablets of the will.

Notes

  1. §39.6.44.prcondictioni — Dative singular of the noun `condictio` (recovery/personal claim). It functions as a dative of purpose or reference modifying `locus` (room/place), meaning 'so that there may be room for a recovery'.
  2. §39.6.44.prcui donatum esset — Relative clause modifying the antecedent `eius`. The subjunctive pluperfect `esset` is used either due to the subjunctive environment introduced by the main verb `uideamus`, or to characterize the potential recipient as a class ('to whomsoever the donation had been made').
  3. §39.6.44.prmanumissum — Perfect passive participle, masculine accusative singular, of the verb `manumitto` (to manumit), here used substantively to mean 'one who has been manumitted'. It functions as the direct object of the deponent verb `sequitur` (follows), meaning 'this donation does not follow the manumitted person' (i.e., the donation does not vest in the manumitted slave).

Cite this passage

Justinian I, The Digest of Justinian §39.6.44.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.6.44.pr

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