Humanitext Reader

Justinian I · The Digest of Justinian §40.7.8.pr-40.7.8.1

Payee and Share Calculation for a Statuliber

Passage 6479 of 9271 · Latin

Summary

It explains that a statuliber must make the payment to the heir to obtain freedom if no recipient is specified, and to the buyers if the heirs have sold their shares, while detailing how the calculation of shares differs depending on the wording of the testament.

[POMPONIUS libro octauo ad Sabinum. ] §40.7.8.prIta liber esse iussus 'si decem dederit, 'liber esto' heredi dare debet: nam qui non habet, cui det, heredi dando ad libertatem peruenit.
[POMPONIUS libro octauo ad Sabinum.] A person who has been ordered to be free in this manner, "if he gives ten, let him be free," must give them to the heir; for he who does not have anyone to whom to give them arrives at liberty by giving them to the heir.
§40.7.8.1Si partes suas quisque heredum diuersis ementibus uendiderit, quas portiones heredibus dare statuliber debuit, easdem dabit emptoribus.
If each of the heirs sells his own shares to different buyers, the statuliber shall give to the buyers the same portions that he ought to have given to the heirs.
Labeo autem ait, si nomina dumtaxat heredum in testamento posita sint, uiriles partes eis dandas: si uero ita 'si heredibus dedit', hereditarias.
Labeo, however, says that if only the names of the heirs are set down in the will, equal shares (viriles partes) must be given to them; but if it is phrased thus, "if he has given to the heirs," then hereditary shares (hereditarias partes) must be given.

Notes

  1. §40.7.8.prcui det — The subjunctive `det` with the relative pronoun `cui` forms a relative clause of purpose or characterizing suitability ("someone to whom he may give"). The direct object of `habet` (such as `eum`) is omitted as the antecedent.
  2. §40.7.8.1uiriles partes ... hereditarias — In the indirect speech introduced by `Labeo... ait`, while `uiriles partes eis dandas [esse]` (equal shares per capita must be given to them) is explicitly stated, the parallel phrase `hereditarias [partes dandas esse]` (hereditary shares must be given) is elliptical in the second clause. The former means equal distribution per head among named individuals, while the latter refers to division proportional to each heir's inherited share.

Cite this passage

Justinian I, The Digest of Justinian §40.7.8.pr-40.7.8.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.7.8.pr-40.7.8.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.