Book contents
- Frontmatter
- PREFACE
- Contents
- ERRATA, ADDENDA, AND LIST OF ABBREVIATIONS
- LIST OF PRINCIPAL ABBREVIATIONS
- PART I CONDITION OF THE SLAVE
- CHAPTER I Definition and General Character
- CHAPTER II The Slave as Res
- CHAPTER III The Slave as Res (cont.). Sale of Slaves
- CHAPTER IV The Slave as Man. Non-Commercial Relations
- CHAPTER V The Slave as Man (cont.). Non-Commercial Relations (cont.). Delicts by Slaves
- CHAPTER VI The Slave as Man (cont.) Commercial Relations apart from Peculium. Acquisitions
- CHAPTER VII The Slave as Man (cont.). Commercial Relations apart from Peculium. Liabilities
- CHAPTER VIII The Slave as Man (cont.). Commercial Relations. Peculium. Acquisitions, Alienations, etc
- CHAPTER IX The Slave as Man (cont.). Commercial Relations. Peculium (cont.). Liabilities
- CHAPTER X Special Cases
- CHAPTER XI Special Cases (cont.)
- CHAPTER XII Special Cases (cont.)
- CHAPTER XIII Special Cases (cont.)
- CHAPTER XIV Special Cases (cont.)
- CHAPTER XV Special Cases (cont.)
- CHAPTER XVI Special Cases (cont.)
- PART II ENSLAVEMENT AND RELEASE FROM SLAVERY
- 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 XI - Special Cases (cont.)
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
- CHAPTER I Definition and General Character
- CHAPTER II The Slave as Res
- CHAPTER III The Slave as Res (cont.). Sale of Slaves
- CHAPTER IV The Slave as Man. Non-Commercial Relations
- CHAPTER V The Slave as Man (cont.). Non-Commercial Relations (cont.). Delicts by Slaves
- CHAPTER VI The Slave as Man (cont.) Commercial Relations apart from Peculium. Acquisitions
- CHAPTER VII The Slave as Man (cont.). Commercial Relations apart from Peculium. Liabilities
- CHAPTER VIII The Slave as Man (cont.). Commercial Relations. Peculium. Acquisitions, Alienations, etc
- CHAPTER IX The Slave as Man (cont.). Commercial Relations. Peculium (cont.). Liabilities
- CHAPTER X Special Cases
- CHAPTER XI Special Cases (cont.)
- CHAPTER XII Special Cases (cont.)
- CHAPTER XIII Special Cases (cont.)
- CHAPTER XIV Special Cases (cont.)
- CHAPTER XV Special Cases (cont.)
- CHAPTER XVI Special Cases (cont.)
- PART II ENSLAVEMENT AND RELEASE FROM SLAVERY
- 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
SERVUS HEREDITARIUS.
The slave who forms part of an inheritance on which an extraneus heres has not yet entered, owes his prominence in the texts to the importance of the hereditas iacens whose mouthpiece or agent he is. The hereditas iacens cannot exist where there is no interval between the death and the succession, for instance in the case of institution of a suus heres. Even the development of ius abstinendi does not affect this, and the rules as to the acts of slaves, where there is a suus heres whose taking is still doubtful, are nowhere fully dealt with.
Most of the doubts and difficulties in connexion with serous hereditarius are the outcome of differences of opinion as to the nature of the hereditas iacens. We cannot deal with this in detail, but a few points may be noted. The hereditas is, not exactly a persona ficta, for the Romans never use this conception, but a sort of representation or symbol of the dominus. It is pointed out in several texts that it is not strictly a dominus, but domini loco habetur; sustinet personam domini. In three texts it is actually described as dominus. But of these one says, dominus ergo hereditas habebitur, after having said, cum dominus nullus sit huius servi; in the second the words, hoc est dominae, are, evidently, an insertion; the third, which contains the words hereditatem dominam esse, is as it stands unintelligible: it is clear that they are all interpolated. The hereditas does not however represent the dominus for all purposes: in multis partibus iurispro domino habetur; inplerisque personam domini sustinets.
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- The Roman Law of SlaveryThe Condition of the Slave in Private Law from Augustus to Justinian, pp. 252 - 266Publisher: Cambridge University PressPrint publication year: 2010First published in: 1908