Humanitext Reader

Justinian I · The Digest of Justinian §37.12.4.pr

Invalidity of Demanding Services from Emancipated Children

Passage 5848 of 9271 · Latin

Summary

Marcellus explains that a father who has emancipated his son cannot validly stipulate for services from him, as the praetor's edict does not cover obligations imposed for the sake of freedom in such cases.

[MARCELLUS libro nono digestorum. ] §37.12.4.prPatri qui filium emancipauit de his, quae libertatis causa imposita fuerint, praetor nihil edicit, et ideo frustra pater operas stipulabitur de filio.
[MARCELLUS, in the ninth book of the Digests.] For a father who has emancipated his son, the praetor makes no edict concerning those things which have been imposed for the sake of freedom, and therefore the father will in vain stipulate for services from his son.

Notes

  1. §37.12.4.prPatri — The dative patri is a dative of reference or disadvantage affected by the main clause praetor nihil edicit ('for a father... the praetor makes no edict'). It is modified by the relative clause qui filium emancipauit.
  2. §37.12.4.prde his, quae libertatis causa imposita fuerint — The prepositional phrase de his depends on the verb edicit, indicating the subject matter of the praetor's edict. In the relative clause, the verb fuerint is a future perfect (or perfect subjunctive), denoting an action prior to the main verb edicit.
  3. §37.12.4.properas stipulabitur — The deponent verb stipulari has an active meaning ('to stipulate for', 'to exact a promise of') and takes the accusative plural noun operas as its direct object. de filio indicates the source from whom the promise is exacted.

Cite this passage

Justinian I, The Digest of Justinian §37.12.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.12.4.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.