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Justinian I · The Digest of Justinian §9.2.48.pr

Liability of a Freed Slave for Damage Before and After

Passage 1565 of 9271 · Latin

Summary

This section rules that a slave who causes damage to the same property both before the acceptance of the inheritance and after being freed is liable under both actions, as these are considered distinct acts.

[PAULUS libro trigensimo nono ad edictum. ] §9.2.48.prSi seruus ante aditam hereditatem damnum in re hereditaria dederit et liber factus in ea re damnum det, utraque actione tenebitur, quia alterius et alterius facti hae res sunt.
[PAULUS, in the thirty-ninth book on the Edict.] If a slave, before the inheritance is accepted, has caused damage to property belonging to the inheritance, and, after being made free, causes damage to that same property, he will be liable under both actions, because these matters belong to distinct acts.

Notes

  1. §9.2.48.prante aditam hereditatem — The preposition ante (before) is followed by the noun hereditatem and its agreeing perfect passive participle aditam, forming a construction equivalent to 'before the acceptance of the inheritance' (similar to the ab urbe condita construction).
  2. §9.2.48.pralterius et alterius facti — Genitive of quality or description, used predicatively with the subject hae res (these matters) to indicate that they arise from or belong to distinct acts.

Cite this passage

Justinian I, The Digest of Justinian §9.2.48.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.2.48.pr

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