Humanitext Reader

Justinian I · The Digest of Justinian §46.3.63.pr

Release of Usufructuary's Debt by a Slave in Usufruct

Passage 7718 of 9271 · Latin

Summary

Discusses the validity of a slave held in usufruct releasing the usufructuary from a debt owed to the slave, whether by acceptilation or by agreement.

[IDEM libro nono ad Plautium. ] §46.3.63.prSi debitor sit serui fructuarius, potest is seruus per acceptilationem liberare eum: uidebitur enim ex re eius adquirere.
[THE SAME, in his ninth book on Plautius.]\n\nIf a usufructuary is a debtor of a slave, that slave can release him by acceptilation; for he will be deemed to acquire from his property.
idem in pacto dicemus.
We shall say the same in the case of an agreement.

Notes

  1. §46.3.63.prdebitor sit serui fructuarius — The genitive serui modifies fructuarius ('the usufructuary of the slave'). It describes a situation where this usufructuary becomes a debtor (debitor) in relation to an obligation contracted through that slave.
  2. §46.3.63.prex re eius — The pronoun eius refers to the usufructuary (fructuarius). In Roman law, an acquisition by a slave held in usufruct belongs to the usufructuary if it arises from the usufructuary's own property (ex re eius).
  3. §46.3.63.pridem in pacto dicemus — The future tense dicemus ('we shall say') is a common expression used by jurists to state a legal opinion. pacto refers to an agreement not to sue (pactum de non petendo), indicating that the same effect as acceptilation is achieved by informal agreement.

Cite this passage

Justinian I, The Digest of Justinian §46.3.63.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.63.pr

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