Book contents
- Frontmatter
- PREFACE
- Contents
- ERRATA, ADDENDA, AND LIST OF ABBREVIATIONS
- LIST OF PRINCIPAL ABBREVIATIONS
- PART I CONDITION OF THE SLAVE
- PART II ENSLAVEMENT AND RELEASE FROM SLAVERY
- CHAPTER XVII Enslavement
- CHAPTER XVIII Enslavement (cont.)
- CHAPTER XIX Outline of Law of Manumission during the Republic
- CHAPTER XX Manumission during the Empire. Forms
- CHAPTER XXI Manumission during the Empire (cont.). Manumission by Will (cont.). Dies, Conditio, Institutio
- CHAPTER XXII Manumission during the Empire (cont.). Fideicommissary Gifts
- CHAPTER XXIII Manumission during the Empire (cont.). Statutory Changes
- CHAPTER XXIV Manumission under Justinian
- CHAPTER XXV Manumission. Special Cases and Minor Restrictions
- CHAPTER XXVI Freedom independent of Manumission
- CHAPTER XXVII Freedom without Manumission. Uncompleted Manumission
- CHAPTER XXVIII Questions of Status as affected by Lapse of Time, Death, Judicial Decision, etc.
- CHAPTER XXIX Effect after Manumission of Events during Slavery. Obligatio Naturalis
- APPENDIX I The relation of the contractual actions adiectitiae qualitatis to the Theory of Representation
- APPENDIX II Formulation and Litis Consumptio in the actions adiectitiae qualitatis
- APPENDIX III Form used by Slave in acquisition by Mancipatio, etc.
- APPENDIX IV The essential character of Manumission: Iteratio
- APPENDIX V Manumission vindicta by a, filiusfamilias
- INDEX
CHAPTER XXV - Manumission. Special Cases and Minor Restrictions
Published online by Cambridge University Press: 07 September 2010
- Frontmatter
- PREFACE
- Contents
- ERRATA, ADDENDA, AND LIST OF ABBREVIATIONS
- LIST OF PRINCIPAL ABBREVIATIONS
- PART I CONDITION OF THE SLAVE
- PART II ENSLAVEMENT AND RELEASE FROM SLAVERY
- CHAPTER XVII Enslavement
- CHAPTER XVIII Enslavement (cont.)
- CHAPTER XIX Outline of Law of Manumission during the Republic
- CHAPTER XX Manumission during the Empire. Forms
- CHAPTER XXI Manumission during the Empire (cont.). Manumission by Will (cont.). Dies, Conditio, Institutio
- CHAPTER XXII Manumission during the Empire (cont.). Fideicommissary Gifts
- CHAPTER XXIII Manumission during the Empire (cont.). Statutory Changes
- CHAPTER XXIV Manumission under Justinian
- CHAPTER XXV Manumission. Special Cases and Minor Restrictions
- CHAPTER XXVI Freedom independent of Manumission
- CHAPTER XXVII Freedom without Manumission. Uncompleted Manumission
- CHAPTER XXVIII Questions of Status as affected by Lapse of Time, Death, Judicial Decision, etc.
- CHAPTER XXIX Effect after Manumission of Events during Slavery. Obligatio Naturalis
- APPENDIX I The relation of the contractual actions adiectitiae qualitatis to the Theory of Representation
- APPENDIX II Formulation and Litis Consumptio in the actions adiectitiae qualitatis
- APPENDIX III Form used by Slave in acquisition by Mancipatio, etc.
- APPENDIX IV The essential character of Manumission: Iteratio
- APPENDIX V Manumission vindicta by a, filiusfamilias
- INDEX
Summary
1. The Pledged Slave. The main rules can be shortly stated. A slave who is the subject of a specific pledge, express or tacit, cannot be freed however solvent the owner may be, unless the creditor assents, or security in lieu of the slave is given. The rule does not apply to a general hypothec, tacit or express, unless the slave has actually been seized under it, but of course the manumission must not infringe the rule of the lex Aelia Sentia as to manumission in fraud of creditors. One text seems to imply that an express general hypothec is a bar, but this is clearly negatived by the other texts, and as the text is corrupt it probably means no more than that even though the manumitter is insolvent, a manumission of a slave received for the purpose cannot be impeached on the ground of fraud, though, in general, manumission by an insolvent who had given such a pledge would be at least suspicious. It is immaterial whether the manumission be inter vivos or by will, though as the latter operates only on aditio the gift will be good if the pledge is at an end at that date. If the pledge still exists the gift, as a direct gift, is void. But, at least in later law, there is a more favourable construction: such a gift implies a fideicommissary gift, so that when the pledge ceases to exist the slave can claim to be freed. It may be added that Severus provided by rescript that a pledged slave could be made necessarius heres.
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- The Roman Law of SlaveryThe Condition of the Slave in Private Law from Augustus to Justinian, pp. 573 - 597Publisher: Cambridge University PressPrint publication year: 2010