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Justinian I · The Digest of Justinian §45.1.39.pr

Acquisition by Master or Father through Stipulations

Passage 7386 of 9271 · Latin

Summary

Paulus states that a master acquires property for himself through the stipulation of his slave, and likewise a father through that of his son to the extent permitted by the laws.

[PAULUS libro duodecimo ad Sabinum. ] §45.1.39.prDominus seruo stipulando sibi adquirit: sed et pater filio, secundum quod leges permittunt.
[PAULUS, in the twelfth book on Sabinus.] A master acquires for himself through a slave stipulating; but also a father through a child [stipulating], according to what the laws permit.

Notes

  1. §45.1.39.prseruo stipulando — An ablative gerund phrase of means. seruo indicates the logical subject (agent) of the gerund stipulando, meaning 'by a slave's stipulating.' In the latter part of the sentence, filio is understood with the omission of stipulando.
  2. §45.1.39.prsecundum quod leges permittunt — secundum quod means 'according to what' or 'insofar as.' It refers to the fact that the acquisition of rights by a father through a son under paternal power (patria potestas) is subject to limits or rules established by laws (leges), such as those concerning peculium.

Cite this passage

Justinian I, The Digest of Justinian §45.1.39.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.39.pr

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