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Justinian I · The Digest of Justinian §47.10.30.pr-47.10.30.1

Freed Slaves and Valuations for Injuries to a Son

Passage 8032 of 9271 · Latin

Summary

Ulpian discusses that a manumitted slave cannot bring an action for injuries suffered during slavery, and that when a son is injured, different valuations must be applied even though both father and son acquire the action.

[ULPIANUS libro quadragensimo secundo ad Sabinum. ] §47.10.30.prSeruo autem manumisso non competere actionem ob iniuriam, quam in seruitute passus est, quis dubitet?
[ULPIANUS in the forty-second book on Sabinus.] But who would doubt that an action does not belong to a manumitted slave for an injury which he suffered while in slavery?
§47.10.30.1Si filio iniuria facta sit, cum utrique tam filio quam patri adquisita actio sit, non eadem utique facienda aestimatio est,
If an injury has been done to a son, although an action is acquired for both, as well for the son as for the father, yet the same valuation is by no means to be made in either case,

Notes

  1. §47.10.30.prSeruo autem manumisso non competere actionem — This is an accusative with infinitive (AcI) construction, functioning as the object of the main interrogative clause "quis dubitet" (who would doubt). The infinitive "competere" means "to belong to" or "be competent to," with "actionem" as its subject accusative, taking the dative "seruo manumisso."
  2. §47.10.30.1facienda aestimatio est — A passive periphrastic conjugation expressing necessity or obligation, formed by the gerundive "facienda" and "est." "Aestimatio" refers to the valuation or assessment of the damages for the injury.

Cite this passage

Justinian I, The Digest of Justinian §47.10.30.pr-47.10.30.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.10.30.pr-47.10.30.1

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