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Justinian I · The Digest of Justinian §45.3.2.pr

Stipulation of a Common Slave for His Master

Passage 7510 of 9271 · Latin

Summary

This text discusses the principle and reasoning that a common slave cannot stipulate for himself, whereas he can stipulate for his master that he himself be given as the object of the obligation.

[ULPIANUS libro quarto ad Sabinum. ] §45.3.2.prSeruus communis ipse sibi stipulari non potest, quamuis constaret eum se stipulari domino posse: non enim se domino adquirit, sed de se obligationem.
[ULPIANUS, in the fourth book on Sabinus.] A common slave cannot stipulate for himself, although it is established that he can stipulate for his master that he himself be given; for he does not acquire himself for his master, but rather an obligation concerning himself.

Notes

  1. §45.3.2.preum se stipulari domino posse — eum is the subject accusative of the infinitive posse, and se is the accusative object of stipulari, both referring to the slave himself. domino is a dative of benefit ('for the master'). The entire phrase means that the slave has the capacity to stipulate for his master that he himself (his person as the object of performance) be given.
  2. §45.3.2.prnon enim se domino adquirit, sed de se obligationem — The accusative objects of adquirit, se and obligationem, are contrasted. Since the slave is already the property of the master, he cannot acquire 'himself' (the ownership of his person: se) for his master, but he can acquire an 'obligation' (obligationem) regarding his own delivery, illustrating the legal distinction between ownership and obligation.

Cite this passage

Justinian I, The Digest of Justinian §45.3.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.3.2.pr

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