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Justinian I · The Digest of Justinian §15.3.20.pr-15.3.20.1

Maintenance of Daughter and Ward Liability for Benefits

Passage 2340 of 9271 · Latin

Summary

It is discussed whether an equitable action concerning what was turned to account lies against a father who failed to support his daughter when she borrowed money from her husband, and whether an action concerning what was turned to account lies against a pupil when his tutor signed a stipulation for a loan made by the pupil's slave.

[SCAEUOLA libro primo responsorum. ] §15.3.20.prPater pro filia dotem promisit et conuenit, ut ipse filiam aleret: non praestante patre filia a uiro mutuam pecuniam accepit et mortua est in matrimonio.
[SCAEVOLA, Opinions, book 1] A father promised a dowry on behalf of his daughter, and it was agreed that he himself should support the daughter; since the father did not provide this, the daughter received money as a loan from her husband and died during the marriage.
respondi, si ad ea id quod creditum est erogatum esset, sine quibus aut se tueri aut seruos paternos exhibere non posset, dandam de in rem uerso utilem actionem.
I replied that if that which was lent had been expended on those things without which she could neither maintain herself nor support her father's slaves, an equitable action concerning what was turned to account (utilis actio de in rem uerso) ought to be granted.
§15.3.20.1Seruus absentis rei publicae causa pupilli, seruis pecuniam credidit subscribente tutore stipulatione in personam tutoris translata: quaesitum est, an aduersus pupillum competat actio.
A slave of a pupil who was absent on public business lent money to [other] slaves, with the tutor signing [his approval] and the stipulation being transferred to the person of the tutor; it was asked whether an action would lie against the pupil.
respondi, si, cum in rem pupilli daretur, id in rem eius uersum est et, quo magis actus seruorum confirmaretur, tutor spopondit, posse nihilo minus dici de in rem uerso cum pupillo actionem fore.
I replied that if, although it was given for the benefit of the pupil, it was turned to his account, and the tutor made a promise [by stipulation] in order that the act of the slaves might be more firmly secured, it could nonetheless be said that there would be an action concerning what was turned to account against the pupil.

Notes

  1. §15.3.20.prexhibere — The verb exhibere is used here in its legal sense of 'supporting, maintaining, or providing sustenance to' (in this case, the slaves), parallel to se tueri ('to maintain herself').
  2. §15.3.20.prdandam de in rem uerso utilem actionem — An accusative and infinitive construction dependent on the main verb respondi, with esse omitted after dandam. utilem actionem is the subject accusative, and dandam is the gerundive acting as a predicate adjective.
  3. §15.3.20.1posse nihilo minus dici de in rem uerso cum pupillo actionem fore — A complex nested construction: posse is the main accusative infinitive depending on respondi, which takes the passive infinitive dici as its complement. The subject of dici is itself an accusative and infinitive clause: actionem ... fore (where fore is the future infinitive of sum, equivalent to futuram esse). The phrase nihilo minus ('nonetheless') emphasizes that the action concerning what was turned to account against the pupil still lies despite the fact that the tutor personally made the promise (tutor spopondit).

Cite this passage

Justinian I, The Digest of Justinian §15.3.20.pr-15.3.20.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.3.20.pr-15.3.20.1

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