Humanitext Reader

Justinian I · The Digest of Justinian §50.17.18.pr

Differences in Acquisitions from Legacies and Stipulations

Passage 9078 of 9271 · Latin

Summary

Explains the difference in the acquisition of benefits between legacies and stipulations made by a person under power, noting that legacies are acquired for the master only if the power relations remain the same, whereas conditional stipulations benefit the original master even if the person is subsequently released.

[POMPONIUS libro sexto ad Sabinum. ] §50.17.18.prQuae legata mortuis nobis ad heredem nostrum transeunt, eorum commodum per nos his, quorum in potestate sumus, eodem casu adquirimus: aliter atque quod stipulati sumus.
[POMPONIUS, in his sixth book on Sabinus.] With respect to those legacies which, upon our death, pass to our heir, we acquire their benefit through ourselves, in the same case, for those in whose power we are; which is otherwise than what we have stipulated.
nam et sub condicione stipulantes omnimodo eis adquirimus, etiamsi liberatis nobis potestate domini condicio existat.
For even when stipulating under a condition, we acquire for them in every way, even if the condition should be fulfilled after we have been released from the power of the master.

Notes

  1. §50.17.18.prmortuis nobis — An ablative absolute construction ('we being dead') where 'nobis' acts as the subject and 'mortuis' as the participle. It assumes the situation where the person under power (slave or filiusfamilias) dies.
  2. §50.17.18.preodem casu — An ablative phrase meaning 'in the same case/situation'. It refers to the circumstance where, at the moment the legacy is vested (e.g., upon the testator's death), the person under power remains under the power of the same master.
  3. §50.17.18.prliberatis nobis potestate domini — An ablative absolute construction meaning 'we having been released from the power of the master'. 'liberatis nobis' forms the core, while 'potestate' is an ablative of separation dependent on 'liberatis', and 'domini' is a genitive modifying 'potestate'.

Cite this passage

Justinian I, The Digest of Justinian §50.17.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.18.pr

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