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Justinian I · The Digest of Justinian §50.17.22.pr-50.17.22.1

Incapacity of Slaves to Obligation and Discretion Standards

Passage 9082 of 9271 · Latin

Summary

This passage states the rule that no obligation applies to a slave, and establishes that in good-faith actions, any condition left to a master's discretion must be treated according to the standard of an honorable man.

[IDEM libro uicensimo octauo ad Sabinum. ] §50.17.22.prIn personam seruilem nulla cadit obligatio.
[THE SAME, in his twenty-eighth book on Sabinus.] No obligation falls upon a slave.
§50.17.22.1Generaliter probandum est, ubicumque in bonae fidei iudiciis confertur in arbitrium domini uel procuratoris eius condicio, pro boni uiri arbitrio hoc habendum esse.
Generally, it is to be approved that, wherever in actions of good faith a condition is referred to the decision of a master or his procurator, this must be held as equivalent to the decision of an honorable man.

Notes

  1. §50.17.22.prIn personam seruilem nulla cadit obligatio — The phrase "cadere in" followed by the accusative means "to fall upon" or "to apply to." Literally, "no obligation falls upon a slave's persona," which refers to the fundamental legal principle that a slave cannot be a subject of civil law obligations.
  2. §50.17.22.1Generaliter probandum est, ... hoc habendum esse — The impersonal gerundive phrase "probandum est" (it is to be approved) governs the accusative with infinitive (ACI) clause "hoc habendum esse" as its subject, meaning "it must generally be approved that this is to be held...".
  3. §50.17.22.1pro boni uiri arbitrio — "pro" here means "as equivalent to" or "in accordance with." "boni uiri" (genitive of "vir bonus") means "of an honorable man." This indicates that the subjective decision of the master or procurator must be interpreted and limited by the objective standard of a reasonable or honorable man's decision.

Cite this passage

Justinian I, The Digest of Justinian §50.17.22.pr-50.17.22.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.22.pr-50.17.22.1

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