Humanitext Reader

Justinian I · The Digest of Justinian §45.3.40.pr

Stipulations by Slaves or Sons Postponing Performance

Passage 7548 of 9271 · Latin

Summary

Explains that contracts made by a slave or filius familias are acquired by the master or paterfamilias based on the power held at the time of the contract, even if performance is deferred to their manumission or emancipation, with the proviso of malicious intent in the case of a filius familias.

[IDEM libro trigensimo tertio ad Quintum Mucium. ] §45.3.40.prQuidquid contraxit seruus, dum nobis seruit, etiam si stipulationem contulit in alienationem uel manumissionem suam, tamen nobis id adquisitum erit, quia potestas eius tunc, cum id contraheret, nostra fuit.
[THE SAME, from the thirty-third book on Quintus Mucius.] Whatever a slave has contracted while he is serving us, even if he deferred the stipulation to the time of his alienation or manumission, will nevertheless be acquired for us, because our power over him was ours at the time when he made the contract.
idque est, si filius familias contrahat: namque etiam quod in emancipationis suae tempus contulerit, nobis debebitur, si tamen dolo malo id fecerit.
And this is also the case if a filius familias contracts; for even what he has deferred to the time of his emancipation will be owed to us, provided, however, that he did this with malicious intent.

Notes

  1. §45.3.40.prstipulationem contulit in alienationem uel manumissionem suam — The verb conferre used with the preposition in means to direct or defer the effect or performance of a stipulation (stipulatio) to a specific future event (here, his alienation or manumission).
  2. §45.3.40.prsi tamen dolo malo id fecerit — A restrictive condition for the acquisition of the obligation by the paterfamilias when a filius familias defers the performance to his emancipation. It indicates that the debt is owed to the father only if the son acted with malicious intent (dolus malus), such as intending to defraud or prejudice the father's position.

Cite this passage

Justinian I, The Digest of Justinian §45.3.40.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.3.40.pr

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