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Justinian I · The Digest of Justinian §40.7.23.pr-40.7.23.1

Expiry of Payment Time Limits and Prevention by the Heir

Passage 6494 of 9271 · Latin

Summary

In §23.pr, it is stated that a slave ordered to be freed upon payment within five years cannot pay anyone after that period. In §23.1, if an heir prevents a slave, who was to be freed upon rendering accounts, from paying the balance by selling his peculium, the slave becomes free as if the condition were met.

[CELSUS libro uicensimo secundo digestorum. ] §40.7.23.pr'Si intra quinquennium Stichus 'centum dederit, liber esto': nec Titio uel heredi uel emptori post quinquennium dabit.
[CELSUS, book twenty-two of the Digests.] "If Stichus should give one hundred within five years, let him be free": he shall not give it after five years, either to Titius, or to the heir, or to the buyer.
§40.7.23.1Si rationes reddidisset, liberum esse iussum non patitur heres rebus peculiaribus uenditis reliqua soluere: perinde liber est, quasi condicioni paruerit.
If an heir, by selling the property of the peculium, does not permit a slave who was ordered to be free after rendering accounts to pay the balance, the slave is just as free as if he had complied with the condition.

Notes

  1. §40.7.23.1liberum esse iussum — Part of an accusative with infinitive (A.C.I.) construction, serving as the direct object of the verb patitur and the subject accusative of the infinitive soluere. It substantively refers to 'one who has been ordered to be free'.
  2. §40.7.23.1rebus peculiaribus uenditis — An ablative absolute expressing means or cause, meaning 'by selling the property of the peculium.' It indicates the situation where the heir disposed of the slave's peculium, thereby making it impossible for the slave to make the payment.

Cite this passage

Justinian I, The Digest of Justinian §40.7.23.pr-40.7.23.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.7.23.pr-40.7.23.1

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