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Justinian I · The Digest of Justinian §45.3.16.pr

Void Stipulation by Estate Slave for a Future Heir

Passage 7524 of 9271 · Latin

Summary

Explains that a stipulation made by a slave belonging to an inheritance for a future heir by name is void because the heir was not yet the slave's master at the time.

[PAULUS libro quarto regularum. ] §45.3.16.prSeruus hereditarius futuro heredi nominatim dari stipulatus nihil agit, quia stipulationis tempore heres dominus eius non fuit.
[PAULUS, from the fourth book of Rules.] If a slave belonging to an inheritance stipulates by name for something to be given to a future heir, his act is void, because at the time of the stipulation the heir was not his master.

Notes

  1. §45.3.16.prdari stipulatus — The perfect participle of the deponent verb stipulor (stipulatus) modifies the subject Seruus and takes the passive infinitive dari (to be given) as its object, meaning 'having stipulated for something to be given to'.
  2. §45.3.16.prnihil agit — Literally 'does nothing', which in legal contexts is an idiomatic phrase meaning 'has no legal effect' or 'is void'.

Cite this passage

Justinian I, The Digest of Justinian §45.3.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.3.16.pr

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