Humanitext Reader

Justinian I · The Digest of Justinian §45.1.23.pr

Liability after Death of Specific Slave Owed in Stipulation

Passage 7369 of 9271 · Latin

Summary

Explains that in an obligation to deliver a specific slave, the debtor is not liable after the slave's death unless the failure to deliver the slave while alive was due to the debtor's own fault (either non-performance after demand or killing the slave).

[POMPONIUS libro nono ad Sabinum. ] §45.1.23.prSi ex legati causa aut ex stipulatu hominem certum mihi debeas, non aliter post mortem eius tenearis mihi, quam si per te steterit, quo minus uiuo eo eum mihi dares: quod ita fit, si aut interpellatus non dedisti aut occidisti eum.
[POMPONIUS, in the ninth book on Sabinus.] If you owe me a specific slave under a legacy or a stipulation, you will not be liable to me after his death otherwise than if it was due to you that you did not give him to me while he was still alive; which is the case if, after being demanded to do so, you failed to give him or you killed him.

Notes

  1. §45.1.23.prper te steterit, quo minus — The idiomatic expression `per aliquem stat, quo minus...` (it is due to someone that... not / someone prevents from...) in the perfect subjunctive (or future perfect indicative). `steterit` is used impersonally or with a situational subject, taking the `quo minus` clause (with imperfect subjunctive `dares`) to indicate that the failure of performance is attributable to the debtor.
  2. §45.1.23.pruiuo eo — An ablative absolute construction consisting of the pronoun `eo` (referring to the slave) and the adjective `uiuo` (alive), meaning "while he was alive" or "he being alive".

Cite this passage

Justinian I, The Digest of Justinian §45.1.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.23.pr

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