Justinian I · The Digest of Justinian §40.5.52.pr

Relief Against Heirs for Slaves Alienated by Creditors

Passage 6465 of 9271 · Latin

Summary

It states that for slaves who were granted trust freedom but have been alienated by a creditor, relief against the heir can be granted only if there is a just cause.

[ULPIANUS libro primo responsorum. ] §40.5.52.prPosteaquam a creditore alienati sunt serui, quibus fideicommissa libertas adscripta est, non nisi ex iusta causa aduersus heredem subueniri eis posse.

[ULPIANUS in the first book of Opinions.] After the slaves, to whom trust freedom had been assigned, have been alienated by a creditor, relief cannot be granted to them against the heir except for a just cause.

Notes

40.5.52.prsubueniri eis posse — subueniri is the present passive infinitive of the intransitive verb subuenio (to relieve, help), which governs the dative. It is used impersonally here, with its object represented by the dative eis (referring to the slaves). Together with posse, it forms an accusative-with-infinitive construction in indirect speech meaning 'relief can (not) be granted to them.'
40.5.52.prnon nisi — non nisi (literally 'not unless') functions as 'only' or 'except,' expressing a strict condition or limitation. Here it modifies ex iusta causa (from a just cause), indicating that relief is permissible only under exceptional, justified circumstances.

Cite this passage

Justinian I, The Digest of Justinian §40.5.52.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.5.52.pr

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