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Justinian I · The Digest of Justinian §39.5.34.pr-39.5.34.1

Gifts to Emancipated Sons and Rewards for Rescue

Passage 6249 of 9271 · Latin

Summary

This section discusses the validity of a donation when a father lends money in the name of his emancipated son who then stipulates for it, and the irrevocability of a donation given in gratitude for being rescued from danger.

[PAULUS libro quinto sententiarum. ] §39.5.34.prSi pater emancipati filii nomine donationis animo pecuniam faenerauit eamque filius stipulatus est, ipso iure perfectam donationem ambigi non potest.
[PAULUS, from the fifth book of Sentences.] If a father, with the intention of making a donation, has lent money in the name of his emancipated son, and the son has stipulated for it, it cannot be doubted that the donation is completed by operation of law.
§39.5.34.1Si quis aliquem a latrunculis uel hostibus eripuit et aliquid pro eo ab ipso accipiat, haec donatio inreuocabilis est: non merces eximii laboris appellanda est, quod contemplatione salutis certo modo aestimari non placuit.
If anyone has rescued someone from bandits or enemies and receives something from him in return for this, this donation is irrevocable; it should not be called a reward for extraordinary labor, because it has been decided that, in consideration of safety, it cannot be valued in a definite way.

Notes

  1. 39.5.34.premancipati filii nomine — The noun "nomine" with the genitive means "in the name of" or "on behalf of." Here, it describes a situation where the father lends money to a third party in the name of his emancipated son, and the son stipulates for its return, thereby acquiring the claim directly, which effectively constitutes a donation from the father to the son.
  2. 39.5.34.prperfectam donationem — An accusative with infinitive clause (with the verb "esse" omitted) serving as the subject of the impersonally used passive "ambigi non potest" ("it cannot be doubted"). "donationem perfectam [esse]" means "that the donation is completed."
  3. 39.5.34.1pro eo — The preposition "pro" expresses exchange or compensation ("in return for that", "as a reward for this"). The pronoun "eo" is neuter singular, referring back to the preceding act of rescuing ("aliquem ... eripuit").

Cite this passage

Justinian I, The Digest of Justinian §39.5.34.pr-39.5.34.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.5.34.pr-39.5.34.1

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