Humanitext Reader

Justinian I · The Digest of Justinian §45.3.4.pr

Stipulation by a Common Slave for Himself and One Master

Passage 7512 of 9271 · Latin

Summary

Explains that if a common slave makes a stipulation for himself and a specific master, it is equivalent to stipulating for all masters and that specific master, resulting in a three-fourths share for the designated master and a one-fourth share for the other.

[IDEM libro uicensimo primo ad Sabinum. ] §45.3.4.prSi seruus communis sibi et uni ex dominis stipuletur, perinde est, ac si omnibus dominis et uni ex his stipuletur, ueluti Titio et Maeuio, et Titio: et probabile est, ut Titio dodrans, Maeuio quadrans debeatur.
[THE SAME, in the twenty-first book on Sabinus.] If a common slave should make a stipulation for himself and for one of his masters, it is just as if he were making a stipulation for all the masters and for one of them, for example, "for Titius and Maevius, and for Titius"; and it is probable that three-fourths should be owed to Titius, and one-fourth to Maevius.

Notes

  1. §45.3.4.prdodrans, Maeuio quadrans debeatur — A stipulation for the slave himself (sibi) accrues to all masters equally (1/2 each). A stipulation for a specific master (uni ex dominis, here Titius) accrues only to that master. Assuming these two components of the stipulation hold equal weight (1/2 each of the total), the former part yields 1/4 each to Titius and Maevius, while the latter part yields 2/4 (1/2) exclusively to Titius. Consequently, Titius is owed three-fourths (dodrans) and Maevius one-fourth (quadrans).

Cite this passage

Justinian I, The Digest of Justinian §45.3.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.3.4.pr

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