Humanitext Reader

Justinian I · The Digest of Justinian §9.4.16.pr

Liability of an Heir Maliciously Parting with a Statuliber

Passage 1597 of 9271 · Latin

Summary

This section rules that if an heir maliciously acts to remove a statuliber from his power and accepts a trial without noxal surrender, he must be condemned upon the fulfillment of the condition, just as if the slave had died.

[IULIANUS libro uicensimo secundo digestorum. ] §9.4.16.prSi heres dolo malo fecerit, ne statuliberum in potestate haberet, et propter hoc iudicium sine noxae deditione acceperit: et impleta condicione statutae libertatis condemnari debebit, sicuti mortuo seruo condemnaretur.
[JULIAN, Book 22 of the Digests] If an heir has acted with malicious intent so that he would not have the statuliber in his power, and on this account has accepted the trial without the option of noxal surrender, then, once the condition of the provisional freedom is fulfilled, he must be condemned, just as he would be condemned if the slave had died.

Notes

  1. 9.4.16.prfecerit, ne ... haberet — The construction of facere with ne followed by the subjunctive (imperfect) expresses an action intended to bring about a negative result ("acted so that he would not have"). fecerit is a future perfect in the si-clause.
  2. 9.4.16.priudicium ... acceperit — The phrase iudicium accipere refers to the defendant's acceptance or joinder of issue (litis contestatio) in Roman civil procedure. acceperit is a future perfect in the si-clause, coordinate with fecerit.
  3. 9.4.16.prsicuti mortuo seruo condemnaretur — mortuo seruo is an ablative absolute expressing a condition ("if the slave had died"). condemnaretur is in the imperfect subjunctive, expressing a contrary-to-fact potentiality ("he would be condemned") under such a hypothetical scenario.

Cite this passage

Justinian I, The Digest of Justinian §9.4.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.4.16.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.