Humanitext Reader

Justinian I · The Digest of Justinian §41.1.57.pr

No Acquisition through a Slave Donated by a Husband

Passage 6687 of 9271 · Latin

Summary

Julianus' view on acquisition through a slave donated by a husband is presented, explaining that no acquisition is possible even from the donee's property, in contrast to the rule for those serving in good faith.

[PAULUS libro sexto ad Plautium. ] §41.1.57.prPer seruum donatum a marito nec ex re quidem eius, cui donatus est, adquiri quicquam posse Iulianus scribit: hoc enim in eorum persona concessum est, qui bona fide seruiunt.
[PAULUS, from the sixth book on Plautius.] Julianus writes that nothing can be acquired through a slave donated by a husband, not even from the property of the person to whom he was donated; for this is conceded in the case of those who serve in good faith.

Notes

  1. §41.1.57.prnec ex re quidem — nec... quidem means 'not even', forming a negative clause. ex re eius means 'from his (i.e., the donee's) property', indicating that the general rule allowing acquisition through another's slave from the possessor's own property does not apply to this case.
  2. §41.1.57.pradquiri quicquam posse — This depends on Iulianus scribit (Julianus writes), forming an indirect statement (accusative with infinitive). Due to the preceding negative nec ... quidem, quicquam (anything) is interpreted negatively, meaning 'that nothing can be acquired'.
  3. §41.1.57.prhoc enim in eorum persona concessum est — hoc refers to the legal exception allowing acquisition through another's slave under certain conditions. in eorum persona means 'in the case of' or 'in the person of', and together with the antecedent eorum of the following relative clause, indicates that this concession is strictly limited to those in the position of serving in good faith.

Cite this passage

Justinian I, The Digest of Justinian §41.1.57.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.57.pr

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