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Justinian I · The Digest of Justinian §1.5.11.pr

Legitimacy of a Child Conceived Without Grandfather's Knowledge

Passage 75 of 9271 · Latin

Summary

Paulus's response that a child conceived while the grandfather was alive and ignorant of his daughter's union is not considered a lawful son, even if born after the grandfather's death.

[PAULUS libro octauo decimo responsorum. ] §1.5.11.prPaulus respondit eum, qui uiuente patre et ignorante de coniunctione filiae conceptus est, licet post mortem aui natus sit, iustum filium ei ex quo conceptus est esse non uideri.
[PAULUS, in the eighteenth book of Responses] Paulus replied that he who was conceived while his father was living and ignorant of his daughter's association, even though he was born after the grandfather's death, is not considered to be a lawful son to him by whom he was conceived.

Notes

  1. §1.5.11.pruiuente patre et ignorante de coniunctione filiae — An ablative absolute construction. Here 'father' (patre) refers to the father of the daughter, who is the 'grandfather' (auus) from the perspective of the child. The grandfather's ignorance of his daughter's union (coniunctio) is crucial for the determination of the child's legitimacy.
  2. §1.5.11.prei ex quo conceptus est — The dative ei is a dative of reference or relation with respect to iustum filium esse ('to be a lawful son to him'), and serves as the antecedent of the relative pronoun ex quo (ablative, 'by whom'). It refers to the biological father.

Cite this passage

Justinian I, The Digest of Justinian §1.5.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.5.11.pr

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