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Justinian I · The Digest of Justinian §45.3.31.pr

Stipulation by Order of a Usufructuary and Owner's Rights

Passage 7539 of 9271 · Latin

Summary

This text explains that if a slave stipulates by order of a usufructuary or bona fide possessor for matters that do not accrue to them, the acquisition goes to the true owner, unless their specific names are expressed in the stipulation.

[IDEM libro octauo ad Plautium. ] §45.3.31.prSi iussu fructuarii aut bonae fidei possessoris seruus stipuletur, ex quibus causis non solet iis adquiri, domino adquirit.
[THE SAME, from the eighth book on Plautius.] If a slave should stipulate by order of a usufructuary or a bona fide possessor, in respect of those matters from which acquisition is not accustomed to accrue to them, he acquires for his owner.
non idem dicetur, si nomen ipsorum in stipulatione positum sit.
The same will not be said, if their own names are inserted in the stipulation.

Notes

  1. §45.3.31.prex quibus causis non solet iis adquiri — `iis` is a dative pronoun referring back to `fructuarii` and `bonae fidei possessoris`. `adquiri` is a present passive infinitive, used here impersonally (or with the rights arising from the stipulation as the implied subject). This clause refers to the rule that a usufructuary or bona fide possessor can only acquire through a slave in limited circumstances (such as from the slave's labor or from their own property), and for other causes (`ex quibus causis`), acquisition does not accrue to them.
  2. §45.3.31.prnon idem dicetur, si nomen ipsorum in stipulatione positum sit — `ipsorum` is a genitive plural referring to the usufructuary and the bona fide possessor. This sentence points out a distinction: while a simple stipulation by their 'order' allows the acquisition to revert to the true owner (dominus) for matters outside their capacity, if their 'names are expressly written' in the stipulation, the acquisition does not accrue to the true owner either, rendering the stipulation ineffective.

Cite this passage

Justinian I, The Digest of Justinian §45.3.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.3.31.pr

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