Humanitext Reader

Justinian I · The Digest of Justinian §15.1.45.pr

Action Against a Son After Deprivation of Peculium

Passage 2304 of 9271 · Latin

Summary

It explains that even if a father has deprived his son of his peculium, the creditors can still bring an action against the son.

[PAULUS libro sexagensimo primo ad edictum. ] §15.1.45.prIdeoque si pater filio peculium ademisset, nibilo minus creditores cum filio agere possunt.
[PAULUS in the sixty-first book on the edict.] And therefore, even if the father had taken away the peculium from the son, the creditors can nevertheless bring an action against the son.

Notes

  1. §15.1.45.prademisset — Subjunctive pluperfect of adimo (to take away). While the main clause uses the present indicative (possunt), the conditional clause uses the pluperfect subjunctive to denote a past assumption or concession ("even if the father had [already] taken away the peculium"), which does not affect the creditors' current right to sue the son.
  2. §15.1.45.prfilio — Dative of separation, used with the compound verb adimo (to take away from).

Cite this passage

Justinian I, The Digest of Justinian §15.1.45.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.1.45.pr

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