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Justinian I · The Digest of Justinian §46.3.69.pr

Noxal Surrender of an Encumbered Slave and Discharge

Passage 7724 of 9271 · Latin

Summary

This section discusses whether an action on the judgment can be brought when a slave subject to a usufruct or pledge is surrendered as a noxal pay, and the effect of the subsequent termination of the usufruct or pledge on the release.

[CELSUS libro uicensimo quarto digestorum. ] §46.3.69.prSi hominem, in quo usus fructus alienus est uel qui erat pignori Titio obligatus, noxae dedisti, poterit is, cui condemnatus es, tecum agere iudicati, nec exspectabimus, ut creditor euincat.
[CELSUS, in his twenty-fourth book of the Digests.] If you have surrendered as a noxal pay a slave in whom another person has a usufruct, or who was pledged to Titius, the person in whose favor you were condemned can bring an action on the judgment against you, and we shall not wait for the creditor to evict the slave.
sed si usus fructus interierit uel dissoluta fuerit pignoris obligatio, existimo processuram liberationem.
But if the usufruct should cease to exist or the obligation of the pledge should be dissolved, I think that the release will take effect.

Notes

  1. §46.3.69.prnoxae dedisti — noxae is the dative of purpose of noxa (harm, damage), modifying dedisti (you surrendered). It refers to the 'noxal surrender' (noxae datio), whereby the owner of a slave who committed a delict escapes personal liability by surrendering the slave to the victim.
  2. §46.3.69.pragere iudicati — iudicati is the genitive of iudicatum (judgment), serving as a genitive of charge or cause. Combined with the verb agere (to bring an action), it means 'to bring an action on the judgment' (actio iudicati).
  3. §46.3.69.prprocessuram liberationem — An accusative with infinitive (A.C.I.) construction governed by the main verb existimo (I think). The auxiliary verb esse is omitted from the future active participle processuram, and the accusative liberationem serves as its subject.

Cite this passage

Justinian I, The Digest of Justinian §46.3.69.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.69.pr

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