# The Institutes of Gaius 3.1.84-87

Roman Law and Society, The Institutes of Gaius, 3.1.84 to 3.1.87. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/the-institutes-of-gaius/3.1.84

(76) The estates of those who, if they had not committed some offence, would, after their manumission, have become Latins, are granted to their patrons, just as if they had died Latins. It has not escaped my observation, however, that the legislator did not express his intention in this manner in a way which is sufficiently clear. (77) Let us now consider the succession to which we are entitled by the purchaser of property. (78) The property of debtors may be sold either during their lifetime, or after their death. For example, it is sold during their lifetime when they conceal themselves for the purpose of defrauding their creditors, and are not defended while absent; and the same rule applies to those who surrender their property under the Lex Julia , or when judgment has been rendered against them after the time has elapsed which has been fixed for the payment of a debt, partly by the Law of the Twelve Tables, and partly by the Edict of the Prætor. The property of a debtor is sold after his death, for example, when it is certain that he has left no heirs, or persons entitled to prætorian possession, or any other legal successor. (79) If the property of an insolvent debtor is sold during his lifetime, the Prætor orders it to be taken into possession and advertised for thirty consecutive days; but for fifteen days if he is dead. He afterwards orders the creditors to assemble, and select one of their number as their representative, that is, one by whom the estate may be sold. Therefore, where the property of a living debtor is sold, the Prætor orders the sale to take place within ten days, or if he is dead, within five days. If the debtor be living, he orders thirty days to be added, and if he is dead he orders twenty. The reason why he orders a longer time to elapse before the sale of the property of a living debtor, is for the purpose of showing more care for the interests of the living by preventing too easy a sale of his estate.

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Roman Law and Society, The Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
License: Used with permission (https://www.thelatinlibrary.com/about.html). Source: http://thelatinlibrary.com/law/gaius.html.