DEDUCTIONS FROM THE PECULIUM
Title 15.1 of Justinian’s Digest displays several excerpts dealing with deductions from the peculium on behalf of the principal prior to its estimate. Aelius Tubero’s definition discussed above specifies that the peculium does not include what the slave owes his master.[594] Ulpian, who cites Tubero through Celsus, specifies elsewhere that those deductions are based on the assumption that the master was the first creditor to sue on the peculium and that his claim is valid, thus forestalling all others.
This principle goes back a long way, as Ulpian also cites Cicero’s contemporary, Servius Sulpicius Rufus, who includes all debts owed by the slaves not only to the master, but also to all dependants attached to his household (familia).[595] This is not the place to inventory and discuss at length the many types of deductions retained by classical jurists. Let us note, however, that no less than fourteen passages, out of all fifty-eight included in the title De peculio, deal with this issue.[596] The ratio underlines the advantageous position enjoyed by the principal by comparison with all other creditors, who are left with the difficult task of figuring out to what extent the peculium is burdened with internal debts, either when the contract is concluded or when litigation starts or ends.8.
More on the topic DEDUCTIONS FROM THE PECULIUM:
- PECULIUM
- THE MAKE-UP OF THE PECULIUM
- CHAPTER VI. THE SLAVE AS MAN. COMMERCIAL RELATIONS, APART FROM PECULIUM. ACQUISITIONS.
- CHAPTER VII. THE SLAVE AS MAN. COMMERCIAL RELATIONS APART FROM PECULIUM. LIABILITIES.
- Chapter 10 Dumtaxat de peculio: What's in a Peculium, or Establishing the Extent of the Principal's Liability
- TIME OF ESTIMATE
- ACCOUNTING AND BOOK-KEEPING
- LITIGATION WITH SEVERAL CREDITORS: FIRST COME, FIRST SERVED
- CHAPTER VIII. THE SLAVE AS MAN. COMMERCIAL RELATIONS. PECULlUli. ACQUISITIONS, ALIENATIONS, ETC.
- CHAPTER IX. THE SLAVE AS MAN. IN COMMERCE. ACTIO DE PECULIO. ACTIO TRIBUTORIA.
- ACTIO EXERCITORIA
- Hume’s Position Considered for the Second Time