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Justinian I · The Digest of Justinian §42.1.10.pr

Condemnation of a Fraudulent Borrower upon Emancipation

Passage 6861 of 9271 · Latin

Summary

It discusses that a person who borrowed money pretending to be a paterfamilias and was subsequently disinherited or emancipated must be condemned in judgment, even if he currently lacks the means to pay.

[MARCELLUS libro secundo digestorum. ] §42.1.10.prQui, cum se pro patre familias fingeret, mutuam pecuniam accepit et exheres a patre uel emancipatus sit, quamuis facere non possit, debet condemnari.
[MARCELLUS in the second book of the Digests.] He who, when pretending to be a paterfamilias, received a loan of money and has been disinherited by his father or emancipated, although he may not be able to pay, ought to be condemned.

Notes

  1. §42.1.10.prsit — Although coordinated with the indicative perfect accepit, sit is in the perfect subjunctive. This is because, while the past borrowing is treated as an objective fact, the subsequent change in legal status (disinheritance or emancipation) is presented hypothetically or concessively, using the subjunctive of characteristic (or concession).
  2. §42.1.10.prfacere — In this context, facere is used elliptically for a specific action (such as soluere or soluendo esse) and means 'to perform (the obligation)' or 'to pay'.

Cite this passage

Justinian I, The Digest of Justinian §42.1.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.10.pr

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