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The Digest of Justinian

§9.4.34.pr

Direct Action against an Undefended Delinquent Son

This section states that if a son under power is not defended by anyone for a delict, the action is granted directly against the son himself.

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[IULIANUS libro quarto ad Urseium Ferocem.]

[JULIANUS, on Urseius Ferox, Book IV.]

§9.4.34.pr

​quotiens enim nemo filium familias1 ex causa delicti defendit, in eum2 iudicium datur.

​For whenever no one defends a son under power on account of a delict, an action is granted against him.

Syntax notes2 items
  1. 9.4.34.prfilium familias

    The word familias is an archaic genitive singular form (-as) of the first-declension noun familia, preserved in the formulaic expression filius familias (a son under power).

  2. 9.4.34.prin eum

    The pronoun eum in 'against him' (in eum) refers back to the filium familias. If the person holding power (such as the paterfamilias) does not undertake the defense of the son, the son himself becomes the defendant in the action. This instantiates the principle mentioned in 9.4.33.pr that a free person under power must be granted the opportunity to defend himself.

Translated by Gemini 3.5 Flash (published 2026-07-12) · No revisions to the English translation or the originalurn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.4.34.pr