Humanitext Reader

Justinian I · The Digest of Justinian §40.4.1.pr

Validity and Priority in Multiple Grants of Freedom

Passage 6349 of 9271 · Latin

Summary

This passage determines which grant of freedom is valid when a slave is granted freedom multiple times, based on the principle of favor for freedom.

[ULPIANUS libro quarto ad Sabinum. ] §40.4.1.prCum saepius datur seruo libertas, placet eam fauore ualere, ex qua peruenit ad libertatem.
[ULPIANUS, in the fourth book on Sabinus.] When freedom is granted to a slave multiple times, it is accepted that, out of favor, that grant is valid by which he arrives at freedom.

Notes

  1. §40.4.1.pream — The subject accusative of the infinitive clause (eam ... ualere) which functions as the subject of the impersonal verb placet. It refers to the preceding libertas (here, the grant of freedom) and also serves as the antecedent of the relative clause ex qua...
  2. §40.4.1.prfauore — Ablative of cause or means. Although it literally means "by favor," in the legal context it refers to the consideration based on the principle of favor for freedom (favor libertatis).
  3. §40.4.1.prperuenit — The subject of the verb is not explicitly expressed but is understood as "the slave" (seruus) supplied from the dative seruo in the preceding clause.

Cite this passage

Justinian I, The Digest of Justinian §40.4.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.4.1.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.