Humanitext Reader

Justinian I · The Digest of Justinian §37.14.22.pr

Statutory Inheritance of a Female Patron's Son

Passage 5872 of 9271 · Latin

Summary

It states the legal principle that even if the son of a female patron is under the power of a parent, the inheritance of a freedman belongs to him by statutory right.

[GAIUS libro singulari de casibus. ] §37.14.22.prSatis constat, etiamsi in potestate sit parentis filius patronae, nihilo minus legitimo iure ad eum pertinere hereditatem.
[GAIUS, in the single book on Cases.] It is sufficiently established that, even if the son of a female patron is under the power of his parent, the inheritance nevertheless belongs to him by statutory right.

Notes

  1. §37.14.22.prSatis constat ... pertinere ... hereditatem — The impersonal phrase Satis constat (it is sufficiently established) governs an accusative and infinitive construction (ACI) with hereditatem as the subject accusative and pertinere as the infinitive.
  2. §37.14.22.pretiamsi in potestate sit parentis filius patronae — In the concessive clause etiamsi... sit (even if... is), the subject is filius patronae (the son of the female patron), and parentis is a genitive modifying potestate (power). This refers to the situation where the son is under the paternal power (patria potestas) of his father or grandfather (pater familias), rather than being independent.
  3. §37.14.22.prlegitimo iure — An ablative of means, cause, or standard, meaning "by statutory right" (i.e., under the Twelve Tables or civil law). Although a female patron, being a woman, does not hold paternal power, her son possesses a "statutory right" to the inheritance of the freedman based on his legal relation.

Cite this passage

Justinian I, The Digest of Justinian §37.14.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.14.22.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.