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Justinian I · The Digest of Justinian §40.5.16.pr

Freedom via Trust for Others' Slaves and Requirements

Passage 6426 of 9271 · Latin

Summary

Licinius Rufinus explains that freedom can be granted via fideicommissum more broadly than directly, applicable to both one's own and others' slaves, provided it is expressed in clear and common language.

[LICINNIUS RUFINUS libro quinto regularum. ] §40.5.16.prLibertates etiam per fideicommissum dari possunt et quidem largius quam directo: nam non tantum propriis, sed et alienis seruis per fideicommissum libertas dari potest: ita tamen, ut uulgaribus uerbis et quibus euidenter uoluntas testatoris exprimi possit.
[LICINNIUS RUFINUS, in the fifth book of the Rules.] Liberties can also be given by a fideicommissum, and indeed more extensively than directly; for liberty can be given by a fideicommissum not only to one's own slaves, but also to those of another; provided, however, that it be by common words and such as those by which the will of the testator can be clearly expressed.

Notes

  1. §40.5.16.prdirecto — An adverb meaning "directly." It refers to the direct grant of liberty by testament (libertas directa), contrasted here with the indirect method of requesting manumission through a trust (fideicommissum).
  2. §40.5.16.prita tamen, ut — A restrictive clause meaning "provided, however, that..." or "on condition that..." Working with the subsequent present subjunctive exprimi possit, it introduces the linguistic conditions under which the grant of freedom by fideicommissum is valid.
  3. §40.5.16.prquibus euidenter uoluntas testatoris exprimi possit — The antecedent of the relative pronoun quibus is uerbis. The verb possit in the relative clause is a subjunctive of characteristic, describing the kind of words required: "such as those by which the will of the testator can be clearly expressed."

Cite this passage

Justinian I, The Digest of Justinian §40.5.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.5.16.pr

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