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Justinian I · The Digest of Justinian §48.22.15.pr-48.22.15.1

Rights Retained by Deported Persons and After-Acquired Property

Passage 8454 of 9271 · Latin

Summary

The passage discusses the scope of rights lost and retained by a deported person, the legal status of property acquired after condemnation, and the rights of those deported by a governor without the emperor's authorization.

[MARCIANUS libro. ] §48.22.15.prDeportatus ciuitatem amittit, libertatem retinet et iure ciuili caret, gentium uero utitur.
[MARCIANUS, from his Book [without title].]\n A deported person loses his citizenship but retains his freedom, and while he lacks the civil law, he enjoys the law of nations.
itaque emit uendit, locat conducit, permutat, fenus exercet aliaque similia.
Therefore, he buys and sells, lets and hires, exchanges, lends money on interest, and does other similar things.
unde etiam recte obligat, quae post condamnationem quaesiuit: quibus in rebus creditores quoque, qui bona fide contraxerunt cum eo, praeferuntur fisco deportatis defunctis succedenti.
Hence also, he can rightfully bind as security those things which he acquired after his condemnation; in which transactions even creditors who contracted with him in good faith are preferred to the treasury when it succeeds to deceased deported persons.
nam bona, quae condemnationis tempore inueniuntur, deportatus alienare non potest. §48.22.15.1Qui inconsulto principe a praeside deportatur, et heres institui et legata capere potest.
For a deported person cannot alienate property which is found at the time of his condemnation.\n Anyone who is deported by a governor without consulting the princeps can both be instituted as an heir and receive legacies.

Notes

  1. §48.22.15.prgentium uero utitur — gentium implies the noun iure omitted from the preceding iure ciuili, referring to iure gentium (the law of nations). Since utitur governs the ablative case, the omitted ablative iure functions as its object.
  2. §48.22.15.prrecte obligat — Here, obligare is used in the sense of "to bind as security" or "to pledge" with the relative clause quae ... quaesiuit (the property acquired after condemnation) acting as its object.
  3. §48.22.15.prfisco deportatis defunctis succedenti — The dative noun fisco (the treasury) is modified by the present participle succedenti (succeeding), serving together as the dative complement of the passive verb praeferuntur (are preferred to). succedenti in turn governs the dative deportatis defunctis (the deceased deported persons) as its object.
  4. §48.22.15.1inconsulto principe — An ablative absolute construction consisting of the noun principe and the adjective inconsulto (unconsulted), meaning "without consulting the princeps" or "without the emperor's consultation".

Cite this passage

Justinian I, The Digest of Justinian §48.22.15.pr-48.22.15.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.22.15.pr-48.22.15.1

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