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Justinian I · The Digest of Justinian §44.7.30.pr

Non-Restoration of Prior Debts upon Clemency

Passage 7315 of 9271 · Latin

Summary

It states that a person reduced to slavery does not return to their prior obligations to creditors simply because they later regained freedom through imperial clemency.

[SCAEUOLA libro primo responsorum. ] §44.7.30.prSeruus effectus non idcirco, quod postea indulgentia principali libertatem consecutus est, redisse dicitur in obligationem creditorum.
[SCAEUOLA, from his first book of Opinions.] A person who has been reduced to slavery is not, for the reason that he subsequently obtained his freedom by imperial clemency, said to have returned to his obligation to his creditors.

Notes

  1. §44.7.30.prSeruus effectus — effectus is the perfect participle of efficior (to become / to be made), here used substantively to mean "one who has been made a slave." It refers to a previously free person who fell into slavery.
  2. §44.7.30.prnon idcirco, quod ... redisse dicitur — Syntactically, non ... idcirco, quod ... means "not for the reason that...", where the negation non denies the conclusion based on the reason expressed in the quod clause. The subject is seruus effectus, and the main clause uses the nominative with infinitive construction (redisse dicitur), meaning "is (not) said to have returned."
  3. §44.7.30.probligationem creditorum — creditorum is the genitive plural of creditor (creditor). It functions as an objective genitive indicating the object of the obligation ("obligation toward the creditors") or the relationship arising from the creditors' rights.

Cite this passage

Justinian I, The Digest of Justinian §44.7.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.30.pr

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