Humanitext Reader

Justinian I · The Digest of Justinian §22.3.8.pr

Burden of Proof on a Son Denying Paternal Power

Passage 3226 of 9271 · Latin

Summary

This text explains the praetor's rule that if a son denies being under his father's power, the burden of proof lies first on the son, along with the moral and legal reasons for this rule.

[IDEM libro octauo decimo ad Plautium. ] §22.3.8.prSi filius in potestate patris esse neget, praetor cognoscit, ut prior doceat filius, quia et pro pietate quam patri debet praestare hoc statuendum est et quia se liberum esse quodammodo contendit.
[THE SAME, in the eighteenth book on Plautius.] If a son denies that he is under the power of his father, the praetor investigates the matter, to the effect that the son must prove it first, because this must be established both in view of the filial duty which he owes to show to his father, and because he contends that he is in a certain sense free.
Ideo enim et qui ad libertatem proclamat, prior docere iubetur.
For that is why he also who claims his freedom is ordered to prove it first.

Notes

  1. §22.3.8.prprior — The adjective `prior` (former, prior) is in the nominative singular, agreeing with `filius` and `qui`, but here functions adverbially to mean "first" or "before the other party." It indicates the procedural order of the burden of proof.
  2. §22.3.8.prut prior doceat filius — The `ut` clause is dependent on the verb `cognoscit` (investigates, takes cognizance), representing the procedural directive or decision issued by the praetor as a result of his investigation.
  3. §22.3.8.prqui ad libertatem proclamat — Literally "one who proclaims or cries out for freedom." This is a technical expression in Roman law referring to a person who initiates a status dispute (vindicatio in libertatem) to assert that they are a free person and not a slave.

Cite this passage

Justinian I, The Digest of Justinian §22.3.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.3.8.pr

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