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Justinian I · The Digest of Justinian §42.1.16.pr

The Benefit of Competence: Parents and Others

Passage 6868 of 9271 · Latin

Summary

Discusses the persons who are sued only to the extent of their ability to perform (the benefit of competence), starting with a parent.

[ULPIANUS libro sexagensimo tertio ad edictum. ] §42.1.16.prSunt qui in id quod facere possunt conueniuntur, id est non deducto aere alieno.
[ULPIANUS libro sexagensimo tertio ad edictum.]\n\nThere are some who are sued for what they are able to perform, that is, without deducting their debts.
et quidem sunt hi parens:
And indeed these are: a parent,

Notes

  1. §42.1.16.prin id quod facere possunt — A legal idiom meaning "to the extent of what they are able to perform (or pay)" (the benefit of competence, beneficium competentiae). Here, "facere" does not simply mean "to do," but refers to the ability to fulfill an obligation or pay.
  2. §42.1.16.prnon deducto aere alieno — Ablative absolute construction. It indicates that "aes alienum" (debts) is "not" (non) "deducted" (deducto). This means that in calculating the benefit of competence, the current assets are taken as the basis without first subtracting other existing debts.

Cite this passage

Justinian I, The Digest of Justinian §42.1.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.16.pr

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