[PAPINIANUS libro secundo quaestionum. ] §40.7.33.prStatuliberorum iura per heredem fieri non possunt duriora.
[PAPINIANUS, from the second book of Questions.] The rights of conditionally manumitted slaves cannot be made more burdensome by the heir.
Justinian I · The Digest of Justinian §40.7.33.pr
Prohibition of Heirs Worsening the Status of Statuliberi
Summary
Papinian presents a fundamental legal principle that the rights and legal status of conditionally manumitted slaves (statuliberi) cannot be made more disadvantageous or burdensome through the actions of an heir.
Notes
- §40.7.33.prStatuliberorum — Genitive plural of the noun statuliber, a technical term in Roman law referring to a slave who has been conditionally manumitted by a testament, meaning they will obtain freedom once a specific condition (condicio) is fulfilled.
- §40.7.33.prper heredem — The preposition per with the accusative heredem. Rather than a direct agent (which would be ab herede), it indicates agency, channel, or instrument ("through/by means of the heir"), meaning that the heir's actions or omissions cannot legally impair the position of the slave.
- §40.7.33.prduriora — Nominative neuter plural of durior, the comparative of the adjective durus (hard, harsh, burdensome). It functions as the predicate of the infinitive fieri (to become), agreeing in gender and number with the subject iura (neuter plural).
Cite this passage
Justinian I, The Digest of Justinian §40.7.33.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.7.33.pr
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