Humanitext Reader

Justinian I · The Digest of Justinian §2.8.14.pr

Duty of a Son Defending an Absent Father to Give Security

Passage 316 of 9271 · Latin

Summary

In response to a query on whether a son under paternal power defending his absent father must provide security for the judgment, Paulus answers that anyone defending an absent party, even a son or a father, is required to give security to the plaintiff under the Edict.

[IDEM libro secundo responsorum. ] §2.8.14.prFilius familias defendit absentem patrem: quaero an iudicatum solui satisdare debeat.
[THE SAME, in the second book of Responses.] A son under paternal power defends his absent father: I ask whether he must give security that the judgment will be satisfied.
Paulus respondit eum qui absentem defendit, etiam si filius uel pater sit, satisdare petituro ex forma edicti debere.
Paulus replied that he who defends an absent person, even if he is a son or a father, must give security to the claimant in accordance with the terms of the Edict.

Notes

  1. §2.8.14.prfilius familias — Refers to a son under paternal power (patria potestas), who is not legally independent (sui iuris), raising the question of his capacity and obligations in judicial defense.
  2. §2.8.14.priudicatum solui — The term "solui" is the present passive infinitive of "solvere". This is a formulaic legal expression for "satisdatio iudicatum solvi", a security guaranteeing that the judgment rendered will be satisfied or paid.
  3. §2.8.14.prpetituro — Dative singular of the future active participle of "petere" (to claim, demand). Serving as the indirect object of "satisdare", it refers to the person who is about to demand the security, i.e., the plaintiff.

Cite this passage

Justinian I, The Digest of Justinian §2.8.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.8.14.pr

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