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Justinian I · The Digest of Justinian §17.1.61.pr

Actions Against Father and Son After Post-Emancipation Collection

Passage 2501 of 9271 · Latin

Summary

This text addresses a case where a son-in-power collected a debt after being emancipated, holding that the mandator can bring an action concerning the peculium against the father within a year, and Paul adds that an action should also be brought against the son.

[PAULUS libro secundo ad Neratium. ] §17.1.61.prQuod filio familias ut peteret mandaui, emancipatus exegit: de peculio intra annum utiliter agam.
[PAULUS, from the second book on Neratius.] What I mandated to a son-in-power to demand, he collected after being emancipated; I shall bring an action concerning his peculium within a year with utility.
PAULUS: sed et cum filio agendum est.
PAULUS: But an action must also be brought against the son himself.

Notes

  1. 17.1.61.prQuod — Relative pronoun in the neuter accusative singular. The antecedent (e.g., id) is omitted, and the entire clause Quod filio familias ut peteret mandaui serves as the direct object of the main verb exegit ('what I mandated to a son-in-power to demand').
  2. 17.1.61.premancipatus — Perfect passive participle, nominative singular masculine, from emancipare (to emancipate from paternal power). It functions predicatively to describe the status of the subject (the former son-in-power), meaning 'after he had been emancipated' (having become sui iuris).
  3. 17.1.61.prutiliter — Adverb meaning 'usefully' or 'effectively.' It refers to the legal fact that, once a son-in-power is emancipated, the action concerning his peculium (actio de peculio) against the former paterfamilias can only be brought as an actio utilis (an analogous or equitable action) within a one-year time limit.

Cite this passage

Justinian I, The Digest of Justinian §17.1.61.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.1.61.pr

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