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Justinian I · The Digest of Justinian §50.6.1.pr-50.6.1.2

Limits on Immunity: Ship Operators, Heirs, and Matrilineal Kin

Passage 8730 of 9271 · Latin

Summary

This chunk outlines that business operators on ships do not receive civil immunity, personal immunities do not pass to heirs, and family-based immunities do not extend to descendants born of women.

[ULPIANUS libro tertio opinionum. ] §50.6.1.prQui ob hoc tantum in nauibus sint, ut in eis agendi causa operarentur, nulla constitutione immunitatem a muneribus ciuilibus habent.
[ULPIAN, in the third book of Opinions.] Those who are on ships solely for the purpose of working on them for the sake of conducting business do not, by any constitution, have immunity from civil duties.
§50.6.1.1Personis datae immunitates heredibus non relinquuntur.
Immunities granted to specific persons are not passed down to their heirs.
§50.6.1.2Sed et generi posterisque datae custoditaeque ad eos, qui ex feminis nati sunt, non pertinent.
But also, immunities granted and preserved for a family and posterity do not apply to those who are born of women.

Notes

  1. §50.6.1.prob hoc tantum... ut... operarentur — An expression meaning 'solely for the purpose of...'. The accusative pronoun 'ob hoc' correlates with the 'ut' clause (containing the imperfect subjunctive 'operarentur'), restricted by the adverb 'tantum' (only).
  2. §50.6.1.pragendi causa — The genitive gerund 'agendi' (from 'agere', meaning to conduct or transact business) depends on 'causa' (for the sake of, which takes a preceding genitive). Here, it specifically refers to conducting business or transactions on board.
  3. §50.6.1.2qui ex feminis nati sunt — Meaning 'those who are born of women,' referring to maternal descendants in Roman law. Under Roman paternal power (patria potestas), legal privileges granted to a family (genus) were, in principle, inherited only by agnatic (paternal) descendants, whereas cognatic descendants born of women belonged to a different family and were excluded.

Cite this passage

Justinian I, The Digest of Justinian §50.6.1.pr-50.6.1.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.6.1.pr-50.6.1.2

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