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Justinian I · The Digest of Justinian §40.7.27.pr

Resale of Statuliber and Transfer of Payment Payee

Passage 6498 of 9271 · Latin

Summary

Julian states that if the person to whom a conditionally free slave is ordered to pay money purchases the slave and then resells him, the obligation to pay transfers to the final purchaser.

[IDEM libro primo pandectarum. ] §40.7.27.prSi is, cui dare iussus est, redemerit statuliberum eumque rursus alii uendiderit, nouissimo emptori dabit: iam enim cum apud eum, cui dare iussus est, dominium quoque serui peruenit, si eum alienet, condicionem quoque ab eo ad emptorem transire Iuliano placuit.
[THE SAME, book one of the Pandects.] If he to whom [the slave] was ordered to pay [the money] should purchase the slave who is conditionally free, and sell him again to another, [the slave] shall pay the money to the latest purchaser; for Julian was of the opinion that, since the ownership of the slave has also come to him to whom the slave was ordered to pay, if he should alienate him, the condition also passes from him to the purchaser.

Notes

  1. §40.7.27.prcui dare iussus est — In the relative clause "cui dare iussus est", the implied subject of "iussus est" is "statuliber". The verb "dare" refers to paying the money required for manumission, and the dative relative pronoun "cui" represents the recipient of this payment.
  2. §40.7.27.prIuliano placuit — This construction consists of the impersonal verb "placuit" with the dative of agent "Iuliano", governing the accusative and infinitive clause "condicionem quoque ab eo ad emptorem transire" as its subject. The transfer of the "condicio" (condition) means the transfer of the status of the creditor entitled to receive the payment.

Cite this passage

Justinian I, The Digest of Justinian §40.7.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.7.27.pr

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