Humanitext Reader

Justinian I · The Digest of Justinian §27.3.6.pr

Father's Liability for a Son's Misconduct After Emancipation

Passage 4000 of 9271 · Latin

Summary

It discusses the scope of a father's liability, which should be restricted to acts committed before emancipation, when a son in power administered a guardianship and committed a fraudulent act after being emancipated.

[IDEM libro trigesimo primo ad edictum. ] §27.3.6.prSi filius familias tutelam administrauerit et liberatus patria potestate dolo aliquid fecerit, an actio tutelae patrem quoque hoc nomine teneat, quaeritur.
[THE SAME in his thirty-first book on the Edict] If a son in power has administered a guardianship, and after being released from paternal power has done something with malice, it is asked whether the action on guardianship also holds the father liable on this account.
et aequum est, ut eum dumtaxat dolum pater praestet, qui commissus est ante emancipationem filii.
And it is equitable that the father should answer only for that malice which was committed before the emancipation of the son.

Notes

  1. §27.3.6.prliberatus patria potestate — The nominative participle liberatus modifies the subject filius familias and functions temporally, meaning "after being released from paternal power."
  2. §27.3.6.preum dumtaxat dolum pater praestet, qui... — The restrictive adverb dumtaxat ("only") modifies the antecedent eum dolum, which is further defined by the relative clause qui commissus est... This structural combination clarifies that the father's liability (praestare) is strictly limited to the malice committed before the son's emancipation.

Cite this passage

Justinian I, The Digest of Justinian §27.3.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.3.6.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.