[PAULUS libro quarto ad Sabinum. ] §40.5.43.prFideicommissa libertas non debetur ei, quem postea uinxit dominus.
[PAULUS in the fourth book on Sabinus.] Freedom given through a fideicommissum is not owed to one whom the master afterwards bound.
Justinian I · The Digest of Justinian §40.5.43.pr
Loss of Trust Freedom for Slaves Bound by the Master
Summary
It stipulates that freedom granted through a fideicommissum is not owed to a slave whom the master afterwards bound.
Notes
- §40.5.43.pruinxit — The third-person singular perfect active indicative of the verb vincire ("to bind", "to chain"). It should not be confused with vincere ("to conquer", perfect vicit). It refers to a situation where, after the drafting of the will (postea), the slave was bound or punished by the master for misconduct.
- §40.5.43.prdebetur — The third-person singular present passive indicative of debere ("to owe", "to be obligated"). It signifies that the manumission of the slave through a fideicommissum does not constitute a legal debt or obligation to be performed by the heir or executor.
Cite this passage
Justinian I, The Digest of Justinian §40.5.43.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.5.43.pr
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