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Justinian I · The Digest of Justinian §41.4.10.pr

Usucapion of Child of a Stolen Slave Given for Freedom

Passage 6812 of 9271 · Latin

Summary

Regarding the case where a stolen female slave, given by a slave to his master for his freedom, conceives, the jurist replies that the master can acquire the offspring by usucapion like a purchaser, because a substantial sale relation was contracted.

[IDEM libro secundo ad Minicium. ] §41.4.10.prSeruus domino ancillam, quam subripuerat, pro capite suo dedit: ea concepit: quaesitum est, an dominus eum partum usucapere possit.
[THE SAME, from his second book on Minicius.] A slave gave to his master a female slave, whom he had stolen, in return for his own freedom; she conceived; the question arose whether the master could acquire her offspring by usucapion.
respondit: hic dominus quasi emptor partum usucapere potest, namque res ei abest pro hac muliere et genere quodammodo uenditio inter seruum et dominum contracta est.
He replied: this master can acquire the offspring by usucapion as if he were a purchaser; for property is lost to him in exchange for this woman, and in a certain manner a kind of sale has been contracted between the slave and the master.

Notes

  1. §41.4.10.prpro capite suo — Although "caput" literally means "head", here it refers to the legal status of the slave, specifically "freedom" (manumission). The phrase indicates that the slave gave the woman as a consideration for obtaining his own freedom.
  2. §41.4.10.prres ei abest — The subject is "res" (property) and "ei" is a dative of disadvantage or separation (from him), meaning "property is missing/lost to him". It explains that the master has suffered a financial loss in exchange for the woman, which provides the substantive ground for treating him as a purchaser (emptor) regarding usucapion.

Cite this passage

Justinian I, The Digest of Justinian §41.4.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.4.10.pr

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