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Justinian I · The Digest of Justinian §3.5.13.pr

Actions against a Father for a Dependent's Management

Passage 585 of 9271 · Latin

Summary

Ulpian states that if a son-in-power or a female slave manages affairs, it is highly equitable to grant an action against the father (or master), provided they have a peculium or the management turned to the father's benefit.

[ULPIANUS libro decimo ad edictum. ] §3.5.13.prSi filius familias negotia gessisse proponatur, aequissimum erit in patrem quoque actionem dari, siue peculium habet siue in rem patris sui uertit: et si ancilla, simili modo.
[ULPIAN, on the edict, book ten] If a son-in-power is proposed to have managed affairs, it will be most equitable for an action to be granted against the father also, whether he has a peculium or it has turned to the benefit of his father's estate; and if a female slave, in like manner.

Notes

  1. 3.5.13.prproponatur — The subject is filius familias, forming a personal passive construction (nominative with infinitive) with the perfect infinitive gessisse: 'if a son-in-power is proposed to have managed affairs.'
  2. 3.5.13.pruertit — The verb is in the perfect tense (uertit) used intransitively or reflexively, with the omitted subject being the aforementioned management of affairs (negotia gessisse) or its proceeds. 'In rem uertere' is a technical term in Roman law meaning that the managed affairs 'turned to the benefit of' the father's estate.

Cite this passage

Justinian I, The Digest of Justinian §3.5.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.5.13.pr

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