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Justinian I · The Digest of Justinian §14.6.16.pr

False Mandate by a Son and the Father's Prompt Objection

Passage 2255 of 9271 · Latin

Summary

It dictates that if a son of the family borrows money in his father's absence under a false mandate, the father must immediately declare his objection to avoid being bound by the act.

[PAULUS libro quarto responsorum. ] §14.6.16.prSi filius familias absente patre, quasi ex mandato eius pecuniam acceperit, causisset et ad patrem litteras emisit, ut eam pecuniam in prouincia solueret, debet pater, si actum filii sui improbat, continuo testationem interponere contrariae uoluntatis.
[PAULUS, Responses, Book 4] If a son of the family, in the absence of his father, has received money as if by his mandate, has given security, and has sent a letter to his father to pay that money in the province, the father, if he disapproves of the act of his son, must immediately interpose a declaration of his contrary will.

Notes

  1. §14.6.16.prcausisset — Although the manuscripts read causisset, it is commonly emended to cauisset (pluperfect subjunctive of cauere, to give security or execute a bond). Here it refers to the son giving a formal guarantee for the debt.
  2. §14.6.16.prtestationem interponere contrariae uoluntatis — Refers to the formal declaration (testatio) of contrary will that the father must execute immediately to avoid the implied ratification (ratihabitio) of his son's unauthorized act.

Cite this passage

Justinian I, The Digest of Justinian §14.6.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.6.16.pr

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