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Justinian I · The Digest of Justinian §1.7.31.pr

Prohibition of Sons Compelling Emancipation from Paternal Power

Passage 133 of 9271 · Latin

Summary

This section stipulates that a son under paternal power, whether natural or adoptive, cannot compel his father to release him from that power.

[MARCIANUS libro quinto regularum. ] §1.7.31.prNon potest filius, qui est in potestate patris, ullo modo compellere eum, ne sit in potestate, siue naturalis siue adoptiuus.
[MARCIANUS, Rules, book 5.] A son who is under the power of his father, whether natural or adoptive, cannot in any way compel him so that he may not be under his power.

Notes

  1. §1.7.31.prcompellere eum, ne sit in potestate — The pronoun eum (object of compellere) refers to patris (the father), while the subject of the clause ne sit is the main subject filius (the son). Thus, it means 'to compel him (the father) so that he (the son) may not be under (his) power.'
  2. §1.7.31.prsiue naturalis siue adoptiuus — Although placed at the end of the sentence, these adjectives modify the main subject filius.

Cite this passage

Justinian I, The Digest of Justinian §1.7.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.31.pr

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