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Justinian I · The Digest of Justinian §6.1.31.pr

Assessment of Fruits and Acquired Skills of a Claimed Slave

Passage 1102 of 9271 · Latin

Summary

The text points out that when assessing the fruits of a claimed slave, one should not only look at whether the slave has reached puberty, and states that it is unjust for the plaintiff to demand fruits arising from a trade that the slave learned at the possessor's expense.

[PAULUS libro uicensimo primo ad edictum. ] §6.1.31.prCeterum cum de fructibus serui petiti quaeritur, non tantum pubertas eius spectanda est, quia etiam impuberis aliquae operae esse possunt.
[PAULUS, in the twenty-first book on the edict.] Furthermore, when a question arises concerning the fruits of a claimed slave, not only his puberty is to be considered, because there can be some services even of an underaged slave.
improbe tamen desiderabit petitor fructus aestimari, qui ex artificio eius percipi potuerunt, quod artificium sumptibus possessoris didicit.
However, the plaintiff will unjustly desire that those fruits be assessed which could have been received from his trade, which trade he learned at the expense of the possessor.

Notes

  1. §6.1.31.primpuberis — The genitive singular of the adjective impubes (underaged), modifying operae with the noun serui (of a slave) understood from the context.
  2. §6.1.31.prfructus aestimari — An accusative with infinitive (ACI) construction functioning as the object of the verb desiderabit (will desire), where fructus is accusative plural (the subject of the infinitive) and aestimari is the present passive infinitive.
  3. §6.1.31.prquod artificium — The relative pronoun quod is used adjectivally with the noun artificium (relative adjective). It functions as the direct object of the verb didicit (learned) in this relative clause.

Cite this passage

Justinian I, The Digest of Justinian §6.1.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.31.pr

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