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Justinian I · The Digest of Justinian §2.14.19.pr

Acquisition of Exceptions by Sons and Benefit to the Father

Passage 385 of 9271 · Latin

Summary

Paulus explains, continuing from the previous section, that those under power acquire an exception through agreement, and that an agreement made by a filius familias also benefits his father if sued concerning the peculium.

[PAULUS libro tertio ad edictum. ] §2.14.19.pradquirent exceptionem.
[PAULUS, On the Edict, book 3] They will acquire an exception.
idem est et in his, qui bona fide seruiunt.
The same is true also in the case of those who serve in good faith.
item si filius familias pactus fuerit ne a se petatur, proderit ei, et patri quoque, si de peculio conueniatur
Likewise, if a filius familias has agreed that no claim be made against him, it will benefit him, and also his father, if an action is brought concerning the peculium.

Notes

  1. §2.14.19.pradquirent — The third-person plural future of the verb adquirere. Although the subject is not explicitly stated, it refers to the persons under power (such as slaves or children in power) who make the agreement mentioned in the preceding section (§2.14.18.pr).
  2. §2.14.19.prbona fide seruiunt — The phrase refers to the Roman legal concept of 'persons serving in good faith' (bona fide seruientes), who are actually free individuals (or another's slaves) but erroneously believe themselves to be slaves and serve another. They are also granted the acquisition of exceptions in this manner.
  3. §2.14.19.prconueniatur — The third-person singular present subjunctive passive of the verb conuenire. It is used impersonally here, meaning 'if an action is brought'. In this context, it refers to the 'action concerning the peculium' (actio de peculio) brought against the father (pater).

Cite this passage

Justinian I, The Digest of Justinian §2.14.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.19.pr

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