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Justinian I · The Digest of Justinian §45.3.37.pr

Phrasing of Stipulation by Common Slave and Owners' Shares

Passage 7545 of 9271 · Latin

Summary

The text discusses how the acquisition of rights by co-owners varies between equal shares (per capita) and proportional shares depending on whether a common slave uses proper names, the title 'my masters', or both in a stipulation.

[POMPONIUS libro tertio ad Quintum Mucium. ] §45.3.37.prSi communis seruus ita stipularetur: 'Lucio Titio et Gaio Seio dari spondes?', qui sunt domini illius, pro uirilibus partibus eis ex stipulatione debetur: si uero ita: 'dominis meis dare spondes?', pro parte, qua domini essent: si uero ita: 'Lucio Titio et Gaio Seio dominis meis dare spondes?', dubitaretur, utrumne uiriles partes an pro dominica portione eis deberetur.
[POMPONIUS, from the third book on Quintus Mucius.] If a common slave should stipulate as follows: "Do you promise to give to Lucius Titius and Gaius Seius?", who are his masters, they are owed under the stipulation in equal shares. But if as follows: "Do you promise to give to my masters?", then in proportion to their shares as masters. But if as follows: "Do you promise to give to Lucius Titius and Gaius Seius, my masters?", it would be doubted whether they are owed in equal shares or in proportion to their shares as masters.
et interesset, quid cuius demonstrandi gratia esset adiectum et quae pars eius stipulationis principalem causam haberet: sed cum ad nomina prius decursum est, rationabilius esse uidetur pro uirili parte stipulationem eis adquiri, quod dominorum uocabula pro demonstratione habeantur.
And it would matter what was added for the sake of identifying what, and which part of the stipulation contained the principal cause. But since recourse was had to the names first, it seems more reasonable that the stipulation is acquired for them in equal shares, because the words "of my masters" are held to be for the purpose of identification.

Notes

  1. §45.3.37.prpro uirilibus partibus — A legal idiom meaning "in equal shares" or "per capita" among joint owners, contrasted with `pro dominica portione` or `pro parte, qua domini essent`, which refer to shares proportional to their respective ownership interest.
  2. §45.3.37.prquid cuius demonstrandi gratia esset adiectum — A combination of the interrogative pronouns `quid` (what) and `cuius` (of what/whom, in the genitive agreeing with the gerundive `demonstrandi`). This indirect question contains a double interrogative, meaning "what was added for the sake of identifying what." It refers to determining whether the proper names were added to identify the individuals or the title "masters" was added to qualify the shares, deciding which was primary and which was secondary.

Cite this passage

Justinian I, The Digest of Justinian §45.3.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.3.37.pr

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