Humanitext Reader

Justinian I · The Digest of Justinian §40.7.1.pr-40.7.1.1

Definition of the Statuliber and Its Origins

Passage 6471 of 9271 · Latin

Summary

Paulus defines the "statuliber" as a slave who has an expectation of freedom at a certain time or under a certain condition, explaining that this status arises either from an express condition or by operation of law, such as in manumissions intended to defraud creditors.

[PAULUS libro quinto ad Sabinum. ] §40.7.1.prStatuliber est, qui statutam et destinatam in tempus uel condicionem libertatem habet.
[PAULUS in the fifth book on Sabinus.] A statuliber is one who has freedom established and destined for a certain time or condition.
§40.7.1.1Fiunt autem statuliberi uel condicione expressa uel ui ipsa.
Moreover, persons become statuliberi either by an express condition or by the operation of law itself.
condicione expressa quid est, manifestum est.
What is meant by an express condition is manifest.
ui ipsa, cum creditoris fraudandi causa manumittuntur: nam dum incertum est, an creditor iure suo utatur, interim statuliberi sunt, quoniam fraus cum effectu in lege Aelia Sentia accipitur.
By the operation of law itself is when they are manumitted for the purpose of defrauding a creditor; for as long as it is uncertain whether the creditor will exercise his right, they are in the meantime statuliberi, because fraud is accepted with effect under the Lex Aelia Sentia.

Notes

  1. 40.7.1.1ui ipsa — Literally 'by force itself', but here meaning 'by the operation of law itself' or 'by the factual circumstance itself', as opposed to a condition explicitly established by the manumitter.
  2. 40.7.1.1creditoris fraudandi causa — A construction expressing purpose with causa ('for the sake of') taking the genitive gerundive fraudandi and its object creditoris, meaning 'for the purpose of defrauding a creditor'.
  3. 40.7.1.1fraus cum effectu in lege Aelia Sentia accipitur — Meaning 'fraud is accepted with effect under the Lex Aelia Sentia'. Under this law, a manumission to defraud creditors is not instantly void in an absolute sense, but only becomes void once the fraud actually produces its effect (i.e., when the debtor's estate is insolvent and the creditor exercises their right). Until then, the slave's status is suspended as a statuliber.

Cite this passage

Justinian I, The Digest of Justinian §40.7.1.pr-40.7.1.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.7.1.pr-40.7.1.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.