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Justinian I · The Digest of Justinian §46.3.62.pr

Debt Collection by a Freed Steward and Deduction from Peculium

Passage 7717 of 9271 · Latin

Summary

In a case where a steward, freed and bequeathed a peculium by will, collected debts after the master's death, the text analyzes whether the heir can deduct the collected amount from the peculium, depending on whether the collection happened before or after the entry into the inheritance, and whether the debtors were released.

[IDEM libro octauo ad Plautium. ] §46.3.62.prDispensatorem meum testamento liberum esse iussi et peculium ei legaui: is post mortem meam a debitoribus pecunias exegit: an heres meus retinere ex peculio eius quod exegit possit, quaeritur.
[THE SAME, in his eighth book on Plautius.] I ordered my steward to be free by my will and bequeathed his peculium to him; he, after my death, collected money from my debtors. It is asked whether my heir can retain out of his peculium what he collected.
et si quidem post aditam hereditatem exegerit pecuniam, dubitari non debet, quin de peculio eo nomine retineri nihil debeat, quia liber factus incipit debere, si liberantur solutione debitores.
And if indeed he collected the money after the inheritance was entered upon, it ought not to be doubted that nothing should be retained from his peculium on that account; because, having been made free, he begins to owe, if the debtors are released by the payment.
cum uero ante aditam hereditatem pecuniam accepit dispensator, si quidem liberantur debitores ipsa solutione, non est dubium, quin de peculio id retinendum sit, quia incipit debere hic heredi quasi negotiorum gestorum uel mandati actione.
But when the steward received the money before the inheritance was entered upon, if indeed the debtors are released by the payment itself, there is no doubt that it must be retained from his peculium; because he begins to owe to the heir, as it were, by an action on business transacted or on mandate.
si uero non liberantur, illa quaestio est: cum negotium meum gerens a debitoribus meis acceperis, deinde ego ratum non habuero et mox agere uelim negotiorum gestorum actione, an utiliter agam, si caueam te indemnem futurum. quod quidem ego non puto: nam sublata est negotiorum gestorum actio eo, quod ratum non habui: et per hoc debitor mihi constituitur.
But if they are not released, there is this question: \"When, acting on my business, you have received from my debtors, and afterwards I have not ratified it, and soon I should wish to sue by an action on business transacted, whether I may sue usefully if I should give security that you will be held harmless.\" Indeed, I do not think so; for the action on business transacted is extinguished by the very fact that I did not ratify it, and by this, the debtor is established as a debtor to me.

Notes

  1. 46.3.62.prdubitari non debet, quin de peculio eo nomine retineri nihil debeat — The negative expression 'dubitari non debet' (it ought not to be doubted) is completed by the subjunctive clause introduced by 'quin', which contains the negative 'nihil'. This double negation functions as a strong affirmation that absolutely nothing is to be deducted from the peculium on that account.
  2. 46.3.62.pran utiliter agam, si caueam te indemnem futurum — 'utiliter agere' means 'to sue usefully/effectively' (perhaps by an actio utilis). 'caueam' (should I provide security) takes the accusative with infinitive clause 'te indemnem futurum [esse]' (that you will be held harmless/indemnified) as its object, indicating the content of the security.
  3. 46.3.62.preo, quod ratum non habui — This structure consists of 'eo', the ablative of cause of the demonstrative pronoun, and an appositive 'quod' clause ('that I did not ratify'). It means 'by the very fact that I did not ratify', showing that the refusal of ratification itself is the causal factor that eliminates the availability of the action on business transacted.

Cite this passage

Justinian I, The Digest of Justinian §46.3.62.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.62.pr

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