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Justinian I · The Digest of Justinian §7.1.21.pr

Acquisitions and Inheritances of Slaves under Usufruct

Passage 1192 of 9271 · Latin

Summary

This section determines the ownership of acquisitions made by a slave under usufruct, and notes that Labeo distinguishes cases where the slave is appointed heir or receives a legacy based on whose account it occurs.

[IDEM libro septimo decimo ad Sabinum. ] §7.1.21.prSi serui usus fructus sit legatus, quidquid is ex opera sua adquirit uel ex re fructuarii, ad eum pertinet, siue stipuletur siue ei possessio fuerit tradita.
[THE SAME in the seventeenth book on Sabinus.] If the usufruct of a slave has been bequeathed, whatever he acquires from his own labor or from the property of the usufructuary belongs to the latter, whether the slave enters into a stipulation or possession has been delivered to him.
si uero heres institutus sit uel legatum acceperit, Labeo distinguit, cuius gratia uel heres instituitur uel legatum acceperit.
But if the slave is appointed heir or receives a legacy, Labeo makes a distinction based on whose account he is appointed heir or receives the legacy.

Notes

  1. §7.1.21.pris... eum — On the referents of the pronouns: the demonstrative `is` refers to the preceding `serui` (the slave), whereas `eum` refers to the 'usufructuary' (fructuarius) implied by `fructuarii`. This distinction ensures that the acquisition goes to the usufructuary, not the slave's owner.
  2. §7.1.21.prcuius gratia — A phrase consisting of the genitive singular of the interrogative pronoun `cuius` and the postpositioned ablative noun `gratia` (for the sake of / on account of). It introduces an indirect question dependent on the verb `distinguit`, meaning 'on whose account (the slave was appointed heir, etc.)'.

Cite this passage

Justinian I, The Digest of Justinian §7.1.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.21.pr

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