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Justinian I · The Digest of Justinian §40.7.32.pr

Sale of Share by One Heir and Payment to the Other

Passage 6503 of 9271 · Latin

Summary

It is ruled that when a slave is ordered to be free upon paying a sum to the appointed co-heirs, and one heir sells his share of the slave, the slave can gain freedom by paying the proportional amount to the other heir who did not sell him.

[LICINNIUS RUFINUS libro primo regularum. ] §40.7.32.prSi duobus heredibus institutis seruus liber esse iussus sit, si decem heredibus dederit, ab altero ex heredibus uenierit et traditus fuerit, pro parte alteri ex heredibus, a quo non uenierit, dando pecuniam liber erit.
[LICINNIUS RUFINUS, from the first book of Rules.] If, two heirs having been appointed, a slave is ordered to be free if he gives ten to the heirs, and he has been sold by one of the heirs and delivered, he will be free by giving the money, in proportion to his share, to the other heir by whom he was not sold.

Notes

  1. §40.7.32.pruenierit — Perfect subjunctive or future perfect indicative of the verb uēneō ("to be sold", derived from uēnum eō), not from the verb veniō ("to come"). The subject is the slave (seruus) who is sold as part of the inheritance.
  2. §40.7.32.prpro parte — Meaning "in proportion to the share." Since there are two co-heirs, the slave does not have to pay the whole amount (ten), but only the portion corresponding to the share of the heir who did not sell him (e.g., five if the shares are equal).

Cite this passage

Justinian I, The Digest of Justinian §40.7.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.7.32.pr

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