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Justinian I · The Digest of Justinian §40.11.4.pr

Restoration of Birthrights against the Patron's Son

Passage 6564 of 9271 · Latin

Summary

It states that a freedman cannot be restored to his birthrights against the will of his patron's son, explaining the reasoning behind this rule.

[PAULUS libro quarto sententiarum. ] §40.11.4.prNec filio patroni inuito libertus natalibus suis restitui potest: quid enim interest, ipsi patrono an filiis eius fiat iniuria?
[BY PAULUS, from the fourth book of Sentences.] And a freedman cannot be restored to his birthrights against the will of his patron's son; for what difference does it make whether an injury is done to the patron himself or to his children?

Notes

  1. §40.11.4.prfilio patroni inuito — An ablative absolute construction consisting of a noun and the adjective invitus, meaning 'against the will of the patron's son' (literally, 'the son of the patron being unwilling').
  2. §40.11.4.pripsi patrono an filiis eius fiat iniuria — An indirect question clause functioning as the complement of the impersonal verb interest. It is a double indirect question (utrum... an...) with the introductory utrum omitted, using the subjunctive present fiat. The dative phrases ipsi patrono and filiis eius are datives of disadvantage dependent on fiat.

Cite this passage

Justinian I, The Digest of Justinian §40.11.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.11.4.pr

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