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Justinian I · The Digest of Justinian §14.6.14.pr

Loan to a Grandson by Order of a Son-in-Power

Passage 2253 of 9271 · Latin

Summary

The text discusses whether a money loan to a grandson, ordered by his father who is himself a son-in-power, violates the Senatus Consultum Macedonianum, concluding that it does because the father himself lacks the capacity to borrow without his own father's consent.

[IULIANUS libro duodecimo digestorum. ] §14.6.14.prFilium habeo et ex eo nepotem: nepoti meo creditum est iussu patris eius: quaesitum est, an contra senatus consultum fieret.
[JULIANUS, Digest, Book 12]\n\nI have a son, and a grandson by him; a loan was made to my grandson by the order of his father; the question arose whether this was done contrary to the senate decree.
dixi, etiamsi uerbis senatus consulti filii continerentur, tamen et in persona nepotis idem seruari debere: iussum autem huius patris non efficere, quo minus contra senatus consultum creditum existimaretur, cum ipse in ea causa esset, ut pecuniam mutuam inuito patre suo accipere non possit.
I said that although only "sons" are contained in the words of the senate decree, nevertheless the same rule must be observed in the person of a grandson; moreover, the order of this father does not prevent the loan from being considered contrary to the senate decree, since he himself is in such a position that he cannot receive a loan of money against the will of his own father.

Notes

  1. §14.6.14.prnon efficere, quo minus — The negative of `efficere` (to bring about) followed by `quo minus` (used after verbs of hindering) functions as a double negative, meaning "does not prevent." Here, it signifies that the father's order does not prevent the loan from being deemed contrary to the senate decree.
  2. §14.6.14.prin persona nepotis — The term `persona` refers to "legal status" or "legal capacity" in Roman law rather than a mere "individual." Thus, it indicates that the same legal rule must apply to the legal status of the grandson.
  3. §14.6.14.prinuito patre suo — An ablative absolute construction consisting of `inuito` and `patre`, meaning "his father being unwilling," which in this legal context translates to "without his father's consent."
  4. §14.6.14.prin ea causa esset, ut — Here `causa` means "condition, position, or status" rather than "cause." Combined with the demonstrative `ea`, it correlates with `ut` introducing a consecutive clause, meaning "he himself was in such a position that..."

Cite this passage

Justinian I, The Digest of Justinian §14.6.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.6.14.pr

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