Justinian I · The Digest of Justinian §41.2.4.pr

Father's Acquisition of Possession Through Peculium

Passage 6702 of 9271 · Latin

Summary

It explains that whatever a son acquires as his peculium immediately comes into the possession of his father, even if the father is unaware of it or if the son is possessed by another as a slave.

[ULPIANUS libro sexagensimo septimo ad edictum. ] §41.2.4.prQuidquid filius peculiari nomine adprehenderit, id statim pater eius possidet, quamuis ignoret in sua potestate filium.

[ULPIANUS libro sexagensimo septimo ad edictum.] Whatever a son has seized under the name of peculium, his father immediately possesses, even though he may not know that the son is under his power.

amplius etiam si filius ab alio tamquam seruus possideatur, idem erit probandum.

Furthermore, even if the son is possessed by another as if a slave, the same must be approved.

Notes

§41.2.4.prignoret in sua potestate filium — An accusative with infinitive clause serving as the object of the verb `ignoret`, with the infinitive `esse` omitted. The reflexive possessive `sua` refers to the subject of the main clause (the father), meaning "even though he (the father) does not know that the son (`filium`) is under his (`sua`) power (`potestate`)."
§41.2.4.pridem erit probandum — A passive periphrastic conjugation consisting of the gerundive `probandum` and the future tense of the verb to be `erit`, expressing necessity or a logical/legal conclusion. Literally "the same must be approved," meaning that the rule established in the preceding sentence (immediate acquisition of possession by the father) is likewise applicable even when the son is possessed by another.

Cite this passage

Justinian I, The Digest of Justinian §41.2.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.2.4.pr

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