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Justinian I · The Digest of Justinian §40.7.18.pr

Annual Payment Conditions and Premature Tender of Funds

Passage 6489 of 9271 · Latin

Summary

Explains that a slave ordered to pay a certain amount annually for three years does not become free immediately upon offering a double amount in the first year and being rejected, because even if accepted, the condition would not yet be fulfilled.

[PAULUS libro singulari de libertatibus dandis. ] §40.7.18.prSi triennio dena dare iussus primo anno uiginti optulerit, non accipiente herede non statim liber est, quia et si accepisset heres, nondum liber esset.
[PAULUS, from the single book on granting freedoms.] If a slave, having been ordered to give ten each year for three years, should offer twenty in the first year, he is not immediately free if the heir does not accept them, because even if the heir had accepted them, he would not yet be free.

Notes

  1. §40.7.18.prdena — The distributive numeral *deni* (ten each), in the neuter plural accusative, combined with *triennio* (in three years), indicates the condition of giving "ten each year for three years."
  2. §40.7.18.praccepisset ... esset — A contrary-to-fact conditional construction introduced by *et si* (even if). The hypothesis contrary to past fact (the heir did not in fact accept) is in the subjunctive pluperfect (*accepisset*), and the resulting state (he would not yet have been free) is in the subjunctive imperfect (*esset*).

Cite this passage

Justinian I, The Digest of Justinian §40.7.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.7.18.pr

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