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Justinian I · The Digest of Justinian §42.1.17.pr

Benefit of Competence for Patrons and Husbands

Passage 6869 of 9271 · Latin

Summary

Ulpian's enumeration of those who are sued only to the extent of their ability to perform, specifically patrons, their relatives, and husbands regarding dowries.

[IDEM libro decimo ad edictum. ] §42.1.17.prpatronus patrona liberique eorum et parentes: item maritus de dote in id quod facere potest conuenitur:
[THE SAME, in the tenth book on the Edict.] a patron, a patroness, and their children and parents; likewise a husband is sued concerning a dowry for what he is able to perform.

Notes

  1. §42.1.17.prpatronus patrona liberique eorum et parentes — These nominative nouns continue the list of individuals introduced by `sunt hi` in the preceding fragment (§42.1.16.pr) who are sued to the extent of their ability to perform (`in id quod facere possunt`).
  2. §42.1.17.prin id quod facere potest — A singular variation of the plural `facere possunt` found in the preceding section. The verb `facere` here refers to "performing" or "paying" a debt, and the entire phrase denotes a limitation of liability to the extent of one's means (the so-called "benefit of competence").

Cite this passage

Justinian I, The Digest of Justinian §42.1.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.17.pr

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