Justinian I · The Digest of Justinian §11.7.21.pr

Paternal Liability for a Child's Funeral Expenses

Passage 1825 of 9271 · Latin

Summary

Paulus states that when the funeral of a person under paternal power has been performed, an action for funeral expenses is available against the father, in proportion to the status of the deceased and the resources of the father.

[PAULUS libro uicensimo septimo ad edictum. ] §11.7.21.prIn patrem, cuius in potestate fuerit is cuius funus factum erit, competit funeraria actio pro dignitate et facultatibus.

[PAULUS, On the Edict, book 27] An action for funeral expenses lies against a father, under whose power was the person whose funeral has been performed, in proportion to the status of the deceased and the resources of the father.

Notes

11.7.21.prcuius in potestate fuerit is cuius funus factum erit — A nested relative clause structure. The antecedent is `patrem`. The first relative pronoun in the genitive, `cuius`, modifies `potestate`, and the subject of this first relative clause, `is`, serves as the antecedent for the second relative clause introduced by the second genitive `cuius` (modifying `funus`). The structure means 'the father under whose power was the person whose funeral was performed'.
11.7.21.prpro dignitate et facultatibus — Nouns governed by the preposition `pro` (in proportion to). Typically, `dignitate` is understood to refer to the social standing or dignity of the deceased (the filius familias), while `facultatibus` refers to the financial resources or means of the father (the defendant) who is liable for the expenses.

Cite this passage

Justinian I, The Digest of Justinian §11.7.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.7.21.pr

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