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Justinian I · The Digest of Justinian §27.3.11.pr

Emancipated Son's Tutelage Liability and Action de Peculio

Passage 4005 of 9271 · Latin

Summary

This section outlines the extent of liability for an emancipated son who administered a guardianship while under paternal power, and rules that the one-year limitation period for the action on the peculium against his father does not begin until the guardianship itself ends.

[ULPIANUS libro trigesimo quinto ad edictum. ] §27.3.11.prSi filius familias tutelam administrauerit, deinde fuerit emancipatus, remanere eum tutorem Iulianus ait et cum pupillus adoleuerit, agendum cum eo eius quidem temporis, quod est ante emancipationem, in quantum facere potest, eius uero, quod est post emancipationem, in solidum, cum patre uero dumtaxat de peculio: manere enim aduersus eum etiam post pubertatem de peculio actionem: neque enim ante annus cedit, intra quem de peculio actio datur, quam tutela fuerit finita.
[ULPIANUS in his thirty-fifth book On the Edict] If a son-in-power has administered a guardianship and has subsequently been emancipated, Julian says that he remains guardian; and when the ward has reached puberty, action must be brought against him, indeed with respect to that period which is before the emancipation, to the extent of his ability to pay, but with respect to that which is after the emancipation, for the full amount; against the father, however, only to the extent of the peculium. For the action concerning the peculium remains against him even after the puberty of the ward; for the year within which the action concerning the peculium is granted does not begin to run before the guardianship has been ended.

Notes

  1. §27.3.11.pragendum — The impersonal gerundive agendum [esse] expressing necessity ("action must be brought"). The dative of agent (the ward who has reached puberty) is omitted but understood from the context.
  2. §27.3.11.prin quantum facere potest — A legal idiom referring to the 'benefit of competence' (beneficium competentiae), which limits the debtor's liability to the extent of his actual ability to pay.
  3. §27.3.11.prcum patre uero dumtaxat de peculio — The gerundive agendum [esse] is understood from the context: 'but [action must be brought] against the father only to the extent of the peculium.' This refers to the limited liability of the father for his son's transactions under the actio de peculio.
  4. §27.3.11.praduersus eum — The pronoun eum refers to the father (patre) mentioned immediately before, rather than the emancipated son. The action on the peculium against the father remains available even after the son's emancipation.
  5. §27.3.11.prannus cedit — A legal phrase meaning 'the year [the useful year, annus utilis, for bringing the action] begins to run.' This limitation period for suing the father does not begin (cedere) until the guardianship is completely ended by the ward's puberty.

Cite this passage

Justinian I, The Digest of Justinian §27.3.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.3.11.pr

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