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Justinian I · The Digest of Justinian §4.1.6.pr

Restitution Granted to Successors and Masters of Slaves

Passage 635 of 9271 · Latin

Summary

This section discusses the right of restoration to the former position granted to the successors of minors or those absent on public business, and explains the privileges of restoration and abstaining from inheritance allowed to masters if a minor is reduced to slavery.

[ULPIANUS libro tertio decimo ad edictum. ] §4.1.6.prNon solum minoris, uerum eorum quoque, qui rei publicae causa afuerunt, item omnium, qui ipsi potuerunt restitui in integrum, successores in integrum restitui possunt, et ita saepissime est constitutum.
[ULPIANUS, on the Edict, book 13] The successors not only of a minor, but also of those who were absent on public business, and likewise of all who themselves could have been restored to their former position, can be restored to their former position, and this has been very frequently decided.
siue igitur heres sit siue is cui hereditas restituta est siue filii familias militis successor, in integrum restitui poterit.
Therefore, whether one is an heir, or the person to whom the inheritance has been restored, or the successor of a soldier who is a filius familias, he will be able to be restored to his former position.
proinde et si minor in seruitutem redigatur uel ancilla fiat, dominis eorum dabitur non ultra tempus statutum in integrum restitutio.
Accordingly, even if a minor is reduced to slavery or becomes a female slave, restoration to their former position will be granted to their masters, not exceeding the prescribed time.
sed et si forte hic minor erat captus in hereditate quam adierit, Iulianus libro septimo decimo digestorum scribit abstinendi facultatem dominum posse habere non solum aetatis beneficio, uerum et si aetas non patrocinetur: quia non apiscendae hereditatis gratia legum beneficio usi sunt, sed uindictae gratia.
But also, if by chance this minor had suffered loss in an inheritance which he had entered upon, Julian writes in the seventeenth book of his Digests that the master can have the power of abstaining from the inheritance, not only by the benefit of age, but even if age does not protect him: because they did not use the benefit of the laws for the sake of acquiring the inheritance, but for the sake of recovery.

Notes

  1. §4.1.6.prminoris — The words minoris, eorum, and omnium are all genitives modifying the subject of the main clause, successores. This indicates that the "successors" of minors or those absent on public business are also eligible for restoration.
  2. §4.1.6.prcaptus — Here, captus is used in the sense of "having suffered a loss" or "being trapped (by debts, etc.)" in relation to an inheritance (hereditate). Beside its literal meaning of "to capture," capere in passive contexts can mean to suffer damage or disadvantage in legal transactions or inheritances.
  3. §4.1.6.prabstinendi — This is a genitive of the gerund modifying facultatem, meaning "the power of abstaining." It refers to the legal act of refusing or abstaining from accepting an inheritance (abstinere se hereditate) to avoid disadvantageous estates, such as those burdened with debts.
  4. §4.1.6.prnon solum aetatis beneficio, uerum et si — Contrasting structures—the ablative noun phrase aetatis beneficio and the conditional clause si aetas non patrocinetur—are linked by non solum... uerum et... This clarifies the application of an exceptional relief where the master can exercise the power of abstaining even if the protection based on the minor's age has expired or is no longer applicable.

Cite this passage

Justinian I, The Digest of Justinian §4.1.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.1.6.pr

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