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Justinian I · The Digest of Justinian §44.3.4.pr

Running of the Security Period for Special Slaves

Passage 7248 of 9271 · Latin

Summary

Javolenus discusses the running of the period of security when a slave belonging to an inheritance or to someone in enemy hands receives security, explaining that the criterion should be whether there was an opportunity to sue the defendant, not whether the plaintiff was able to bring the action.

[IAUOLENUS libro septimo epistularum. ] §44.3.4.prSi seruus hereditarius aut eius, qui in hostium potestate sit, satis acceperit, continuo dies satisdationis cedere incipiet: intueri enim debemus, an experiundi potestas fuerit aduersus eum, qui obligatus est, non an is agere potuerit, qui rem in obligationem deduxerit: alioquin erit iniquissimum ex condicione actorum obligationes reorum extendi, per quos nihil factum erit, quo minus cum his agi possit.
[JAVOLENUS, Letters, book seven] If a slave belonging to an inheritance, or a slave of one who is in the power of the enemy, has received security, the period of the security will immediately begin to run; for we must consider whether there was an opportunity of bringing an action against him who is bound, not whether he who brought the matter into the obligation could have sued; otherwise, it will be most unjust that the obligations of the defendants, on whose part nothing has been done to prevent them from being sued, should be extended because of the condition of the plaintiffs.

Notes

  1. §44.3.4.preius, qui in hostium potestate sit — eius is a genitive of possession, with seruus understood from the preceding clause ('or [the slave] of him who...'). It functions as the antecedent of the relative clause qui... sit.
  2. §44.3.4.prexperiundi potestas — experiundi is the genitive of the gerund of experior (to bring an action, try), modifying the noun potestas (opportunity, power).
  3. §44.3.4.prqui rem in obligationem deduxerit — Literally 'he who has brought the thing into an obligation', referring to the person who established the creditor-debtor relationship (the creditor).
  4. §44.3.4.prquo minus cum his agi possit — quo minus (often written as one word quominus) introduces a clause of prevention with the subjunctive possit after the negative expression nihil factum erit. cum his agi is an impersonal passive construction meaning 'that an action be brought against them'.

Cite this passage

Justinian I, The Digest of Justinian §44.3.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.3.4.pr

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