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Justinian I · The Digest of Justinian §40.9.28.pr

Invalid Manumission of an Heir's Bequeathed Slave

Passage 6550 of 9271 · Latin

Summary

Paulus states that an heir's manumission of his own slave, who had been bequeathed by the testator, is void, regardless of whether the heir was aware of the bequest or not.

[PAULUS libro tertio sententiarum. ] §40.9.28.prHeres seruum proprium, quem testator legauerat, manumittendo nihil agit, quia scientiae uel ignorantiae eius nullam placuit admitti rationem.
[PAULUS, from the third book of Opinions.]\n\nAn heir effects nothing by manumitting his own slave whom the testator had bequeathed, because it was held that no account of his knowledge or ignorance should be admitted.

Notes

  1. §40.9.28.prmanumittendo — An ablative of the gerund expressing means ("by manumitting"), modifying the predicate phrase of the main clause `nihil agit` ("effects nothing").
  2. §40.9.28.preius — A genitive pronoun referring back to the subject of the main clause, `heres` (the heir), indicating the heir's subjective state of knowledge or ignorance.
  3. §40.9.28.prnullam placuit admitti rationem — The impersonal verb `placuit` ("it has been held") takes an accusative and infinitive construction with `nullam ... rationem` as the subject and `admitti` as the passive infinitive, meaning "it has been held that no account should be admitted."

Cite this passage

Justinian I, The Digest of Justinian §40.9.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.9.28.pr

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