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Justinian I · The Digest of Justinian §46.3.84.pr

Action on the Peculium and Discharge of Guarantors

Passage 7739 of 9271 · Latin

Summary

Proculus states that bringing an action against the master concerning the peculium does not release the slave's guarantors, but if the slave himself pays using his peculium with the permission to administer it, the guarantors are released.

[PROCULUS libro septimo epistularum. ] §46.3.84.prEgisti de peculio serui nomine cum domino: non esse liberatos fideiussores eius respondit.
[PROCULUS, in the seventh book of Epistles.] You brought an action against the master concerning the peculium on account of a slave: the answer was that his guarantors were not released.
at si idem seruus ex peculio suo permissa administratione peculii nummos soluisset, liberatos esse fideiussores eius recte legisti.
But if the same slave, having been granted the administration of his peculium, had paid the money from his peculium, you have read correctly that his guarantors were released.

Notes

  1. §46.3.84.prEgisti — The second-person singular perfect active of the verb ago, used in the technical legal sense of "bringing an action" (specifically, actio de peculio). The direct object is implied, defined by the parameters cum domino (against the master), de peculio (concerning the peculium), and serui nomine (on account of the slave).
  2. §46.3.84.prpermissa administratione peculii — An ablative absolute construction consisting of the noun administratio and the perfect passive participle permissa, with peculii as an objective genitive. It expresses the underlying condition or circumstance: the slave had been granted the administration of his peculium, which legally empowered him to make a valid transfer of ownership (payment) to the creditor.
  3. §46.3.84.prrecte legisti — The second-person singular perfect active of the verb lego (to read). It refers to the addressee of the epistle having read a certain legal text or opinion. The jurist Proculus confirms that this reading (expressed in the Accusative with Infinitive clause liberatos esse...) is correct (recte).

Cite this passage

Justinian I, The Digest of Justinian §46.3.84.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.84.pr

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