Humanitext Reader

Justinian I · The Digest of Justinian §37.12.5.pr

Denial of Estate Possession to an Abusive Emancipating Father

Passage 5849 of 9271 · Latin

Summary

In a case where the Divine Trajan forced a father to emancipate his abused son, the father's claim for the possession of the deceased son's estate as an emancipator was denied due to his breach of parental duty.

[PAPINIANUS libro undecimo quaestionum. ] §37.12.5.prDiuus Traianus filium, quem pater male contra pictatem adficiebat, coegit emancipare.
[PAPINIANUS, in the eleventh book of Questions.] The Divine Trajan compelled a father, who was treating his son badly and contrary to parental affection, to emancipate him.
quo postea defuncto, pater ut manumissor bonorum possessionem sibi competere dicebat: sed consilio Neratii Prisci et Aristonis ei propter necessitatem soluendae pietatis denegata est.
When this son subsequently died, the father, as the emancipator, claimed that the possession of the estate belonged to him; but on the advice of Neratius Priscus and Ariston, it was denied to him because of the necessity of fulfilling parental duty.

Notes

  1. §37.12.5.prcoegit emancipare — The object of the verb coegit (which also functions as the subject of the infinitive emancipare), namely patrem, is omitted. Although filium is integrated into the relative clause quem pater..., the overall structure expresses the double object relation: "compelled [the father] to emancipate [the son]."
  2. §37.12.5.prdenegata est — A feminine singular verb in the perfect passive. The noun bonorum possessionem (feminine singular) from the accusative-and-infinitive clause in the preceding sentence is supplied as the subject in the nominative case (bonorum possessio).

Cite this passage

Justinian I, The Digest of Justinian §37.12.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.12.5.pr

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