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Justinian I · The Digest of Justinian §13.5.2.pr

Father's Liability for Constitutum Exceeding the Peculium

Passage 2085 of 9271 · Latin

Summary

It explains that if a father makes a promise of payment in the name of his son, he is liable for the full promised amount even if the actual peculium is less.

[IULIANUS libro undecimo digestorum. ] §13.5.2.prQuod si filii nomine constituerit se decem soluturum, quamuis in peculio quinque fuerint, de constituta in decem tenebitur.
[JULIANUS from the eleventh book of the Digests.] But if he has promised in the name of his son that he will pay ten, although there were only five in the peculium, he will be held liable under the action on a promise of payment for ten.

Notes

  1. 13.5.2.prfilii nomine — It means that the father himself undertakes the liability as his own obligation (promise of payment) on behalf of his son's debt. This stands in contrast to the situation in the previous section (§13.5.1.8) where he makes a promise of payment 'in his own name' (suo nomine).
  2. 13.5.2.prse decem soluturum — An accusative and infinitive construction. `soluturum` stands for the future active infinitive `soluturum esse` with the ellipsis of `esse`, and its subject is the accusative reflexive pronoun `se`, which refers back to the subject of the main clause (the father).
  3. 13.5.2.prde constituta — An idiomatic expression meaning 'the action on a promise of payment' (actio de constituta pecunia). The feminine singular ablative `constituta` is used with the ellipsis of `actione` (ablative).

Cite this passage

Justinian I, The Digest of Justinian §13.5.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.5.2.pr

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