Humanitext Reader

Justinian I · The Digest of Justinian §6.1.20.pr

Restitution of Acquisitions and Offspring of Disputed Slaves

Passage 1091 of 9271 · Latin

Summary

On the obligation of the possessor to restore inheritances, legacies, and the offspring of a female slave acquired through the disputed slave after the joinder of issue, as well as the necessity of delivery and security.

[GAIUS libro septimo ad edictum prouinciale. ] §6.1.20.prPraeterea restituere debet possessor et quae post acceptum iudicium per eum non ex re sua adquisiuit: in quo hereditates quoque legataque, quae per eum seruum obuenerunt, continentur.
[GAIUS, in the seventh book on the Provincial Edict.] Furthermore, the possessor must also restore what he acquired through him [the slave] after the acceptance of the joinder of issue, and not from his own property; in which are included also inheritances and legacies which came to him through that slave.
nec enim sufficit corpus ipsum restitui, sed opus est, ut et causa rei restituatur, id est ut omne habeat petitor, quod habiturus foret, si eo tempore, quo iudicium accipiebatur, restitutus illi homo fuisset.
For it is not sufficient that the thing itself be restored, but it is necessary that the accessory advantages of the thing also be restored, that is, that the plaintiff should have everything that he would have had if the slave had been restored to him at the time when the joinder of issue was accepted.
itaque partus ancillae restitui debet, quamuis postea editus sit, quam matrem eius, post acceptum scilicet iudicium, possessor usuceperit: quo casu etiam de partu, sicut de matre, et traditio et cautio de dolo necessaria est.
Therefore, the offspring of a female slave must be restored, even though it was born after the possessor had acquired its mother by usucapion—that is to say, after the joinder of issue; in which case, both delivery and security against fraud are necessary regarding the offspring, just as they are regarding the mother.

Notes

  1. §6.1.20.prper eum — `per eum` ("through him") refers to the slave (`homo`) who is the object of the recovery action, as made explicit by `per eum seruum` in the following clause.
  2. §6.1.20.prcausa rei — `causa` here means the "cause / accessory benefits" of the thing, a legal term in the action for recovery of property (rei vindicatio) which encompasses all fruits, acquisitions, and other incidental benefits arising from the property after the joinder of issue (`omne quod habiturus foret`).
  3. §6.1.20.prquamuis postea editus sit, quam — A separated form of `posteaquam` ("after"). Combined with the conjunction `quamuis` ("although"), it forms a concessive clause meaning "even though [it] was born after [the possessor had acquired its mother by usucapion]."

Cite this passage

Justinian I, The Digest of Justinian §6.1.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.20.pr

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