Justinian I · The Digest of Justinian §6.1.79.pr

Valuation of Fruits of a Slaves Death and Illness

Passage 1150 of 9271 · Latin

Summary

Concerning the estimation of fruits (labor) of a slave who died during a lawsuit. Paulus adds that if the slave had fallen into an illness rendering him useless before death, no estimation should be made for that period.

[IDEM libro sexto pithanon a Paulo epitomatorum. ] §6.1.79.prSi hominem a me petieris et is post litem contestatam mortuus sit, fructus quoad is uixerit aestimari oportet.

[THE SAME, in the sixth book of his Epitomes of Labeo's Probabilities by Paulus.] you demand a slave from me and he dies after the joinder of issue, the fruits ought to be estimated as long as he lived.PAULUS.

PAULUS.Ita id uerum esse puto, si non prius is homo in eam ualetudinem inciderit, propter quam operae eius inutiles factae sunt: nam ne si uixisset quidem in ea ualetudine, fructus eius temporis nomine aestimari conueniret.

I think this is true only if that slave had not previously fallen into such ill health because of which his services were rendered useless; for not even if he had lived in that state of ill health would it be fitting for fruits to be estimated under the name of that period.

Notes

6.1.79.prhominem — Accusative of homo (man/human). In the context of Roman law, especially in actions for recovering property (rei vindicatio), it standardly refers to a 'slave' as a legal object.
6.1.79.prlitem contestatam — An expression derived from litis contestatio (joinder of issue). In Roman formulary procedure, this marks the crucial procedural moment dividing the stage before the praetor (in iure) from that before the judge (iudex). After this point, the defendant's liability becomes stricter.
6.1.79.prne si uixisset quidem ... conueniret — Expresses a contrary-to-fact condition. ne ... quidem means 'not even'. si uixisset (subjunctive pluperfect) represents a past contrary-to-fact assumption ('even if he had lived'), while the apodosis conueniret (subjunctive imperfect) represents a past continuous unsuitability or denial of potentiality ('it would not have been appropriate').

Cite this passage

Justinian I, The Digest of Justinian §6.1.79.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.79.pr

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