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Justinian I · The Digest of Justinian §42.1.21.pr

Benefit of Competence for Fathers-in-Law and Dowries

Passage 6873 of 9271 · Latin

Summary

Paulus explains that, just as in the case of a husband, a father-in-law should not be condemned beyond his means, but a different rule of law applies to claims based on a promise of a dowry.

[PAULUS libro sexto ad Plautium. ] §42.1.21.prSicut autem cum marito agitur, ita et cum socero, ut non ultra facultates damnetur.
[PAULUS, in the sixth book on Plautius.] But just as action is brought against a husband, so it is also against a father-in-law, so that he is not condemned beyond his means.
an si cum socero ex promissione dotis agatur, in id quod facere potest, damnandus sit? quod et id aequum esse uidetur: sed alio iure utimur, ut et Neratius scribit.
But if action should be brought against a father-in-law on the basis of a promise of a dowry, should he be condemned to the extent of what he is able to perform? This indeed also seems to be equitable; but we follow another rule of law, as Neratius also writes.

Notes

  1. §42.1.21.prcum marito agitur — The third-person singular passive 'agitur' of the verb 'agere' is used impersonally to mean 'action is brought' or 'proceedings are taken.' The preposition 'cum' indicates the opposing party in the lawsuit.
  2. §42.1.21.prquod — The relative pronoun 'quod' at the beginning of the sentence functions as a relative connection (connecting relative), referring back to the entire contents of the preceding question (condemning the father-in-law only to the extent of his ability to perform when sued on a promise of dowry).
  3. §42.1.21.pralio iure utimur — The deponent verb 'uti' governs the ablative case ('alio iure'). This phrase indicates that, despite the proposal in the preceding sentence being deemed 'equitable,' positive law follows a different rule (namely, that the benefit of competence is not granted to the father-in-law in a suit on a dowry promise, leaving him liable for the full amount).

Cite this passage

Justinian I, The Digest of Justinian §42.1.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.21.pr

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