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Justinian I · The Digest of Justinian §14.5.5.pr-14.5.5.2

Liability of a Condemned Son After Release or Disinheritance

Passage 2236 of 9271 · Latin

Summary

This text discusses the limitation of liability in an action on a judgment against a son who was condemned during his father's lifetime and subsequently emancipated or disinherited, as well as the exceptions when he receives or restores the inheritance.

[PAULUS libro trigensimo ad edictum. ] §14.5.5.prSi filius familias uiuo patre conuentus et condemnatus sit, in emancipatum uel exheredatum postea iudicati actio in id quod facere potest danda est.
[PAULUS, On the Edict, Book 30] If a filiusfamilias has been sued and condemned during the lifetime of his father, an action on the judgment must afterwards be granted against him when emancipated or disinherited, but only for what he is able to pay.
§14.5.5.1Si filio exheredato ex senatus consulto Trebelliano hereditas patris restituta sit, non debebit in quantum facere potest, sed in solidum condemnari, quia effectu quodammodo heres est.
If the inheritance of the father has been restored to a disinherited son under the Trebellian senatusconsult, he ought to be condemned not for what he is able to pay, but for the whole amount, because in effect he is, in a manner, the heir.
§14.5.5.2Sed si coactus immiscuerit se, ut restituat hereditatem, perinde obseruandum, ac si se abstinuisset.
But if he, being compelled, has intermeddled with the inheritance in order to restore it, the same rule must be observed as if he had abstained.

Notes

  1. §14.5.5.prin emancipatum uel exheredatum postea iudicati actio — The prepositional phrase `in emancipatum uel exheredatum` (against him when emancipated or disinherited), accompanied by `postea` (afterwards), modifies the noun phrase `iudicati actio` (action on the judgment) or depends on the predicate `danda est`. `iudicati` is the genitive of `iudicatum` (judgment), denoting the action based on a judgment.
  2. §14.5.5.2perinde obseruandum, ac si se abstinuisset — This is a gerundive construction expressing obligation (`obseruandum`), with `est` omitted and used impersonally. The phrase `perinde... ac si...` (just as if) introduces a contrary-to-fact conditional clause with the subjunctive pluperfect `abstinuisset` (from `se abstinere`, a technical term meaning to refrain or abstain from meddling with the inheritance).

Cite this passage

Justinian I, The Digest of Justinian §14.5.5.pr-14.5.5.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.5.5.pr-14.5.5.2

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