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Justinian I · The Digest of Justinian §25.3.8.pr

Grandfather Duty of Support to Paternal and Maternal Grandchildren

Passage 3714 of 9271 · Latin

Summary

Marcellus explains that while the children of male descendants fall under the grandfather's obligation of maintenance, those of a daughter are the responsibility of their own father, rather than the grandfather, unless the father is deceased or destitute.

[MARCELLUS libro primo ad legem Iuliam et Papiam. ] §25.3.8.prNon quemadmodum masculorum liberorum nostrorum liberi ad onus nostrum pertinent, ita et in feminis est: nam manifestum est id quod filia parit non auo, sed patri suo esse oneri, nisi pater aut non sit superstes aut egens est.
[MARCELLUS, from the first book on the Julian and Papian Law.] It is not the case that, in the same way as the children of our male children pertain to our burden, so it is also in the case of females; for it is clear that what a daughter gives birth to is a burden not to her grandfather, but to her own father, unless the father is either not surviving or is destitute.

Notes

  1. §25.3.8.prnon auo, sed patri suo esse oneri — auo and patri suo are datives of interest (reference), and oneri is a dative of purpose (tendency), forming a double dative construction. It means "to be a burden to the grandfather, but to his own father."
  2. §25.3.8.prnisi pater aut non sit superstes aut egens est — Within the conditional clause introduced by nisi, the two predicates connected by aut ... aut are asymmetrical in their moods: the former sit is in the present subjunctive, while the latter est is in the present indicative.

Cite this passage

Justinian I, The Digest of Justinian §25.3.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:25.3.8.pr

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