Humanitext Reader

Justinian I · The Digest of Justinian §39.5.28.pr

Donation of an Inheritance to a Daughter and Estate Debts

Passage 6243 of 9271 · Latin

Summary

This section explains a case where a father donated an inherited estate to his daughter who had become sui iuris, stating that the daughter is liable to satisfy the estate creditors, and if they sue the father, she must be compelled via an action with prescribed words to defend him.

[IDEM libro tertio responsorum. ] §39.5.28.prHereditatem pater sibi relictam filiae sui iuris effectae donauit: creditoribus hereditariis filia satisfacere debet, uel, si hoc minime faciat et creditores contra patrem ueniant, cogendam eam per actionem praescriptis uerbis patrem aduersus eos defendere.
[THE SAME, in the third book of Responses.] A father donated an inheritance left to him to his daughter who had been made sui iuris. The daughter must satisfy the estate creditors; or, if she should fail to do this and the creditors proceed against the father, she must be compelled by an action with prescribed words to defend her father against them.

Notes

  1. §39.5.28.prsui iuris effectae — A perfect participle phrase modifying the daughter (filiae). "Sui iuris" is a genitive of quality indicating the status of being independent, i.e., freed from paternal power (patria potestas).
  2. §39.5.28.prcogendam eam — Part of an accusative-and-infinitive structure with the auxiliary "esse" omitted after "cogendam". "eam" (she, the daughter) is the subject accusative, and "defendere" (to defend) is the object infinitive.
  3. §39.5.28.practionem praescriptis uerbis — Referring to the "actio praescriptis verbis" (action with prescribed words), configured by the magistrate based on the specific facts of the case (praescriptio). Here it is used to enforce the fulfillment of an implied agreement or charge (modus) attached to the donation.

Cite this passage

Justinian I, The Digest of Justinian §39.5.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.5.28.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.