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Justinian I · The Digest of Justinian §41.1.66.pr

Ownership of Offspring Born After Transfer of a Slave

Passage 6696 of 9271 · Latin

Summary

This text rules that if a pregnant female slave is alienated by bequest, usucapion, or other means, her offspring belongs to the owner at the time of birth, not the owner at the time of conception.

[UENULEIUS libro sexto interdictorum. ] §41.1.66.prCum praegnas mulier legata aut usucapta alioue quo modo alienata pariat, eius fient partus, cuius est ea, cum eniteretur, non cuius tunc fuisset, cum conciperet.
[VENULEIUS, from the sixth book on Interdicts.] When a pregnant woman who has been bequeathed, or acquired by usucapion, or alienated in any other manner, gives birth, her offspring shall belong to the person who owns her when she was giving birth, and not to the person whose she would have been at the time when she conceived.

Notes

  1. 41.1.66.prpartus — Since the main verb fient is in the third-person plural future, partus is the nominative plural of the fourth-declension noun partus, -us m. ('offspring').
  2. 41.1.66.prfuisset — The pluperfect subjunctive fuisset expresses a hypothetical ownership at the time of conception in the past, in contrast to the indicative present est which denotes the actual owner at the time of delivery.

Cite this passage

Justinian I, The Digest of Justinian §41.1.66.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.66.pr

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