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Justinian I · The Digest of Justinian §13.1.19.pr

Condictio Against a Father for Property Taken by a Daughter

Passage 2067 of 9271 · Latin

Summary

Iulianus gives an opinion that a condictio should be granted against a father, limited to the amount of the peculium, for the acts of his daughter who removed property.

[PAULUS libro tertio ad Neratium. ] §13.1.19.prIulianus ex persona filiae, quae res amouit, dandam in patrem condictionem in peculium respondit.
[PAULUS, On Neratius, Book III] Iulianus answered that, on account of the person of the daughter who removed the property, a condictio should be granted against the father to the extent of the peculium.

Notes

  1. §13.1.19.prin peculium — The preposition in with the accusative indicates the limit of liability, meaning "to the extent of the peculium" (peculiar property). This refers to the limited liability of a pater familias for the acts of those under his power.
  2. §13.1.19.prex persona filiae — Meaning "on account of the person of the daughter," i.e., originating from her act. The relative clause quae res amouit modifies filiae, showing that the daughter's removal of the property is the ground of the father's liability.

Cite this passage

Justinian I, The Digest of Justinian §13.1.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.1.19.pr

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