- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.57.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
This section explains that actions lie against a filius familias and describes how, if he dies after the joinder of issue, the trial is transferred to his father with limited liability, as well as the procedure when he acted as a procurator.
[IDEM libro quadragensimo primo ad Sabinum.]
[THE SAME, on Sabinus, Book XLI.]
Tam ex contractibus quam ex delictis in filium familias competit actio: sed mortuo filio post litis contestationem1 transfertur iudicium in patrem dumtaxat de peculio et quod in rem eius uersum est.2 certe si quasi procurator alicuius filius familias iudicium acceperit, mortuo eo in eum quem defenderit transactio uel iudicati3 datur.
An action lies against a filius familias as well from contracts as from delicts; but if the son dies after the joinder of issue, the trial is transferred against the father, only to the extent of the peculium and what has been turned to his profit. Certainly, if a filius familias has accepted a trial as if he were the procurator of someone, then upon his death, an action on a compromise or on the judgment is given against the person whom he defended.
- 5.1.57.prmortuo filio post litis contestationem
An ablative absolute construction expressing a temporal condition: "upon the death of the son after the joinder of issue (litis contestatio)".
- 5.1.57.prdumtaxat de peculio et quod in rem eius uersum est
A limiting expression restricting the father's liability. The adverb dumtaxat ("only to the extent of") governs both de peculio ("concerning the peculium") and de [eo] quod... ("concerning what has been turned to his profit"), where the preposition de is omitted in the second clause.
- 5.1.57.prtransactio uel iudicati
Juxtaposition of transactio ("compromise") and iudicati (genitive singular, meaning actio iudicati, "action on the judgment"). Although the verb datur is singular, it indicates that either of these legal remedies is granted alternatively.