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Justinian I · The Digest of Justinian §44.1.14.pr

Exception on the Facts against Father's Suit for Slave Returned

Passage 7203 of 9271 · Latin

Summary

In a case where a son under authority sold a peculium slave who was subsequently returned and died, it is ruled that the buyer, sued by the father for the price, should equitably be allowed to raise an exception based on the facts.

[ALFENUS VARUS libro secundo digestorum. ] §44.1.14.prFilius familias peculiarem seruum uendidit, pretium stipulatus est: is homo redhibitus et postea mortuus est.
[ALFENUS VARUS in the second book of the Digests.] A son under paternal authority sold a slave belonging to his peculium and stipulated for the price; this slave was returned and afterwards died.
et pater eius pecuniam ab emptore petebat, quam filius stipulatus erat.
And his father claimed the money from the buyer, which the son had stipulated for.
placuit aequum esse in factum exceptionem eum obicere: 'quod pecunia ob hominem illum expromissa est, qui redhibitus est'.
It was held to be equitable that the buyer should raise an exception based on the facts: 'that the money was promised for that slave who was returned.'

Notes

  1. 44.1.14.preum — The subject accusative of the infinitive clause `eum ... obicere`, referring in context to the previously mentioned `emptor` (buyer). It forms part of the infinitive clause acting as the subject of the impersonal expression `aequum esse`.
  2. 44.1.14.prin factum exceptionem — Refers to an "exception based on the facts" (exceptio in factum). This is an exception granted by the magistrate (praetor) on the basis of equity (aequitas) in specific factual circumstances, even when there is no strict basis under civil law.

Cite this passage

Justinian I, The Digest of Justinian §44.1.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.1.14.pr

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