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Justinian I · The Digest of Justinian §40.12.31.pr

Prohibition on Heir Reclaiming Slave Freed by Father

Passage 6596 of 9271 · Latin

Summary

Ulpian's opinion that a son who became his father's heir is prohibited from claiming back into slavery a slave manumitted by his father.

[ULPIANUS libro primo responsorum. ] §40.12.31.prFilium ob hoc, quod patri heres extitit, prohiberi a patre suum seruum manumissum in seruitutem petere.
[ULPIANUS, in the first book of opinions.] A son, for the reason that he stood as heir to his father, is prohibited from seeking into slavery his own slave who was manumitted by his father.

Notes

  1. 40.12.31.prprohiberi — This sentence takes the form of an Accusative with Infinitive construction (with the subject accusative Filium) where the main governing verb (such as respondit) is omitted, as is typical in digests of jurists' opinions.
  2. 40.12.31.pra patre suum seruum manumissum — manumissum is a perfect passive participle modifying seruum. The prepositional phrase a patre (by the father) expresses the agent of this participle. The possessive adjective suum refers reflexively to the subject of the infinitive, filium.

Cite this passage

Justinian I, The Digest of Justinian §40.12.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.12.31.pr

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