Humanitext Reader

Justinian I · The Digest of Justinian §41.1.45.pr

Acquisitions by Common Slaves and Partition Actions

Passage 6675 of 9271 · Latin

Summary

This fragment discusses the ownership of property acquired by a common slave, distinguishing between acquisitions made from the resources of one of the masters and those made from other sources, and explains how this is settled in an action for the division of common property.

[GAIUS libro septimo ad edictum prouinciale. ] §41.1.45.prCommunis seruus si ex re alterius dominorum adquisierit, nihilo minus commune id erit, sed is, ex cuius re adquisitum fuerit, communi diuidundo iudicio eam summam praecipere potest: nam fidei bonae conuenit, ut unusquisque praecipuum habeat, quod ex re eius seruus adquisierit.
[GAIUS, from the Commentary on the Provincial Edict, book 7] If a common slave acquires something from the property of one of his masters, it will nonetheless be common property; however, the master from whose property the acquisition was made can preferentially claim that amount in an action for the division of common property. For it is consistent with good faith that each master should have as a preferred share what the slave acquired from his property.
sed si aliunde seruus communis adquisierit, omnibus sociis pro parte dominii hoc adquiritur.
But if a common slave acquires something from elsewhere, this is acquired for all the partners in proportion to their share of ownership.

Notes

  1. §41.1.45.prpraecipere — The verb `praecipere` (to take beforehand, preferentially claim) and the noun/adjective `praecipuum` (preferred share, preferential portion) refer to the right of a co-owner to deduct and receive a specific amount from the common property before the general division takes place in the action for dividing common property (`communi dividundo iudicio`).
  2. §41.1.45.prex re — Meaning "from the property of" or "by means of the property of", expressing that the property of a specific master served as the source or instrument for the acquisition made by the slave (ablative of means or origin).

Cite this passage

Justinian I, The Digest of Justinian §41.1.45.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.45.pr

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.