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Justinian I · The Digest of Justinian §24.3.53.pr

Liability of Son and Father for Dowry Given to a Son

Passage 3645 of 9271 · Latin

Summary

This passage discusses the scope of liability for returning a dowry given to a son-in-power, distinguishing the liability of the son from that of the father, and explains how deductions from the peculium differ depending on whether the action is brought against the father or the son.

[IDEM libro duodecimo disputationum. ] §24.3.53.prSi filio familias dos data est, ipse quidem dotis actione tenetur, pater autem eius de peculio: nec interest, in peculio rem uel pecuniam dotalem habeat nec ne.
[THE SAME, Book 12 of Disputations.] If a dowry has been given to a son-in-power, he himself is liable under the action on dowry, and his father is liable to the extent of the peculium; nor does it matter whether or not he has the dotal property or money in his peculium.
sed quatenus facere potest, hic quoque condemnandus est: intellegitur autem peculio tenus facere posse, quod habet rei iudicandae tempore.
But he too must be condemned only to the extent of his ability to pay; and he is understood to be able to pay to the extent of the peculium which he has at the time of the judgment.
atquin si cum patre agatur, deduceretur ex peculio, quod patri uel subiectis ei personis filius debet: at si cum ipso filio agatur, alterius debiti non fiet detractio in computatione quantum facere possit filius.
However, if the action is brought against the father, what the son owes to his father or to persons subject to his power would be deducted from the peculium; but if the action is brought against the son himself, no deduction of any other debt will be made in calculating how much the son is able to pay.

Notes

  1. §24.3.53.prpater autem eius de peculio — The verb tenetur is implied here; the full sense is pater autem eius [actione] de peculio [tenetur] (but his father is liable under the action concerning the peculium).
  2. §24.3.53.prquatenus facere potest — An idiomatic expression meaning "to the extent of his ability to pay," referring to the limitation of the debtor's liability (the so-called beneficium competentiae).
  3. §24.3.53.prdeduceretur — Although the conditional clause uses the present subjunctive (agatur), the apodosis has the imperfect subjunctive (deduceretur). This mix of tenses in conditional sentences is not uncommon in juristic Latin when shifting between hypothetical scenarios and general rules.

Cite this passage

Justinian I, The Digest of Justinian §24.3.53.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.53.pr

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