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Justinian I · The Digest of Justinian §40.4.19.pr

Conditional Manumission and Freedom Under Testament

Passage 6367 of 9271 · Latin

Summary

In a testament where a slave is to be freed and given a legacy if the heir does not manumit him, even if the heir actually manumits him, most jurists hold that the slave obtains freedom under the testament and is entitled to the legacy.

[IDEM libro tertio ad Urseium Ferocem. ] §40.4.19.prQuidam heredem suum rogauerat, ut seruum manumitteret: deinde, si heres eum non manumiserit, liberum eum esse iusserat eique legauerat: heres eum manumissit.
[THE SAME in the third book on Urseius Ferox.] A certain person had requested his heir to manumit a slave; subsequently, he had ordered that, if the heir should not manumit him, he should be free, and had bequeathed something to him. The heir manumitted him.
plerique existimant hunc ex testamento libertatem consequi: secundum hoc legatum quoque ei debetur.
Most jurists think that he obtains his freedom under the testament; according to this, the legacy also is due to him.

Notes

  1. §40.4.19.prsi heres eum non manumiserit — This conditional clause is in the future perfect (or perfect subjunctive). Although it presents a negative condition ("if the heir should not manumit him") and the heir did in fact manumit him (manumissit), the prevailing opinion (plerique) holds that the slave still obtains freedom "under the testament," interpreting the condition in a way that respects the testator's ultimate intent.
  2. §40.4.19.prsecundum hoc — The neuter demonstrative pronoun hoc in the accusative singular refers to the preceding opinion held by most jurists (plerique) that the slave obtains freedom under the testament. According to this view (hoc), the legacy (legatum) bequeathed to him also becomes valid and is due (debetur) to him.

Cite this passage

Justinian I, The Digest of Justinian §40.4.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.4.19.pr

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