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Justinian I · The Digest of Justinian §5.2.9.pr

Effects of Complaint within Five Years on Manumissions

Passage 973 of 9271 · Latin

Summary

This section addresses the invalidity of direct manumissions when the complaint is brought within five years, and presents Paul's opinion that trust-gifts of freedom should still be performed upon a monetary payment.

[MODESTINUS libro singulari de inofficioso testamento. ] §5.2.9.prSi autem intra quinquennium egerit, libertates non competunt.
[MODESTINUS in his single book on the inofficious testament.] But if he has brought the action within five years, the manumissions do not become effective.
sed Paulus ait praestaturum fidei commissas libertates, scilicet uiginti aureis et in hoc casu a singulis praestandis
However, Paul says that the trust-gifts of freedom will be performed, namely, by twenty aurei being paid by each of them in this case too.

Notes

  1. 5.2.9.prpraestaturum — A future active infinitive with its subject accusative (the victorious party who recovers the inheritance) omitted. It expresses Paul's opinion that even if the testament is rescinded within five years, the trust-gifts of freedom (fideicommissariae libertates) must be performed (praestaturum esse) by the victor, on the condition of twenty aurei being paid by each slave.
  2. 5.2.9.pra singulis praestandis — An ablative phrase containing the gerundive praestandis, expressing the means or condition together with uiginti aureis. The phrase a singulis denotes the agents (each of the slaves to be freed).

Cite this passage

Justinian I, The Digest of Justinian §5.2.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.2.9.pr

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