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Justinian I · The Digest of Justinian §40.12.36.pr

Recovery of the Slave Instead of Monetary Damages by Successful Master

Passage 6601 of 9271 · Latin

Summary

This text stipulates that an owner who wins a lawsuit regarding his slave has the right to reclaim the physical slave and cannot be forced to accept monetary compensation (the litigation value) instead.

[IDEM libro duodecimo responsorum. ] §40.12.36.prDominus qui optinuit, si uelit seruum suum abducere, litis aestimationem pro eo accipere non cogetur.
[THE SAME, in the twelfth book of Opinions.] An owner who has prevailed in court, if he wishes to take away his slave, will not be compelled to accept the litigation value instead of him.

Notes

  1. §40.12.36.proptinuit — The verb optineo (obtineo) is used here in its technical legal sense, meaning "to prevail in a lawsuit" or "to win one's case."
  2. §40.12.36.prlitis aestimationem — Refers to the monetary assessment or valuation of the subject matter of the dispute. While Roman formulary procedure generally led to a condemnation in money (litis aestimatio), this rule clarifies that the owner cannot be forced to accept pecuniary compensation if he prefers the physical recovery of the slave.

Cite this passage

Justinian I, The Digest of Justinian §40.12.36.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.12.36.pr

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