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Justinian I · The Digest of Justinian §40.5.25.pr

Trust Freedom of a Sold Slave and Buyer Protection

Passage 6436 of 9271 · Latin

Summary

Presents Valens' opinion that if an heir who sold a slave dies without a successor, the slave's wish to become the freedman of the deceased rather than the buyer is not granted, in order to protect the buyer from losing both the price and the freedman.

[PAULUS libro tertio fideicommissorum. ] §40.5.25.prSi heres qui uendidit seruum sine successore decesserit, emptor autem extet et uelit seruus defuncti libertus esse, non emptoris, non esse eum audiendum Ualens scripsit, ne emptor et pretium et libertum perdat.
Valens wrote that if an heir who sold a slave has died without a successor, but the buyer is still in existence and the slave wishes to be the freedman of the deceased, not of the buyer, he is not to be heard, lest the buyer lose both the price and the freedman.

Notes

  1. 40.5.25.prnon esse eum audiendum — This is an accusative with infinitive construction introducing indirect speech governed by "Ualens scripsit", where "eum" refers to the "seruus" mentioned earlier. The gerundive "audiendum" with "esse" expresses necessity or obligation ("he is not to be heard").
  2. 40.5.25.prdefuncti — Here "defunctus" (the deceased) can be interpreted either as referring to the heir (heres) who sold the slave and subsequently died without a successor, or to the original testator. In either case, it refers to the slave's desire to become the freedman of the seller's side rather than the buyer's.
  3. 40.5.25.prne emptor et pretium et libertum perdat — A clause introduced by "ne" with the subjunctive "perdat", expressing purpose ("lest..."). It highlights the legal consideration to prevent an extremely disadvantageous situation for the buyer, who would lose both the price (pretium) paid and the status as patron of the freedman (libertum) that he would otherwise gain.

Cite this passage

Justinian I, The Digest of Justinian §40.5.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.5.25.pr

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