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Justinian I · The Digest of Justinian §40.4.53.pr

Payment to the Son's Curators and Freedom Conditions

Passage 6401 of 9271 · Latin

Summary

A ruling on whether a condition for freedom (rendering an account to the testator's son) is fulfilled when the payment is made to the son's curators after he reached puberty.

[IDEM libro quinto decimo responsorum. ] §40.4.53.prLucius Titius seruo libertatem dedit, si rationem actus sui ex fide dedisset Gaio Seio filio suo: cum annos pubertatis egressus fuisset Gaius Seius, a curatoribus eiusdem conuentus seruus etiam apud iudicem omnibus satisfecit: exacta cautione a curatoribus pronuntiatum est liberum eum esse: nunc Gaius Seius filius testatoris negat curatoribus suis recte pecuniam inlatam: quaero, an iure soluta sit quantitas.
[THE SAME in the fifteenth book of Opinions.]\n\nLucius Titius gave freedom to his slave, if he should have faithfully rendered the account of his administration to Gaius Seius, his son. When Gaius Seius had passed the years of puberty, the slave, having been summoned by the curators of the same, satisfied all requirements even before the judge; security having been exacted by the curators, it was pronounced that he was free. Now Gaius Seius, the son of the testator, denies that the money was rightly paid to his curators. I ask whether the sum was legally paid.
Paulus respondit curatoribus quidem adulescentis reliquam rationem, ut condicio testamento adscripta impleatur, non iure exsolutam uideri: sed si praesente adulescente pecunia illata est uel in rationibus eius relata, impletam condicionem uideri, ac si ipsi soluta fuisset.
Paulus replied that, indeed, to settle the remaining account with the curators of the youth, in order that the condition written in the testament be fulfilled, does not seem to have been legally done; but if, in the presence of the youth, the money was paid or entered into his accounts, the condition seems to be fulfilled, just as if it had been paid to himself.

Notes

  1. §40.4.53.prconuentus — The perfect passive participle of `conuenio` (to summon, sue), in the nominative masculine singular, modifying the subject `seruus`.
  2. §40.4.53.prreliquam rationem ... non iure exsolutam uideri — An accusative-with-infinitive construction dependent on `respondit`. `reliquam rationem` (the remaining account) is the subject accusative of the infinitive `exsolutam [esse]`, and the entire clause acts as the subject of `uideri` (to seem).
  3. §40.4.53.prac si ipsi soluta fuisset — `ac si` introduces a hypothetical comparison ("just as if"), taking the subjunctive pluperfect `fuisset`. `ipsi` (to himself) is the dative of the intensive pronoun `ipse`, referring to the son Gaius Seius.

Cite this passage

Justinian I, The Digest of Justinian §40.4.53.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.4.53.pr

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