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Justinian I · The Digest of Justinian §42.1.22.pr-42.1.22.1

Competence of Father-in-Law and Partners

Passage 6874 of 9271 · Latin

Summary

Pomponius clarifies that the father-in-law's privilege of being condemned only to the extent of his ability applies only if the marriage is still subsisting, and notes that the same privilege for partners requires a preliminary investigation of the case by the praetor.

[POMPONIUS libro uicensimo primo ad Quintum Mucium. ] §42.1.22.prSed hoc ita accipiendum est, si a socero dos ex promissione petatur soluto matrimonio: uerum si manente matrimonio dos ab eo petatur, succurrendum utique est, ut ne maioris summae condemnetur, quam quantum facere potest.
[POMPONIUS, in the twenty-first book on Quintus Mucius.] But this is to be understood in such a way only if the dowry is claimed from the father-in-law on the basis of a promise after the marriage has been dissolved; but if the dowry is claimed from him while the marriage is still subsisting, he must by all means be relieved, so that he is not condemned in a greater sum than what he is able to perform.
§42.1.22.1Quod autem de sociis dictum est, ut et hi in quantum facere possint condemnentur, causa cognita se facturum praetor edicit.
As for what has been said concerning partners, that they also should be condemned to the extent of what they are able to perform, the praetor declares in his edict that he will do so after investigating the case.
causae cognitio autem in hoc erit, ut neganti se socium esse aut ex doli clausula obligato non succurratur.
Moreover, the investigation of the case will consist in this, that relief is not to be granted to one who denies that he is a partner, or who is bound under the fraud clause.

Notes

  1. §42.1.22.prmaioris summae — The genitive of value or penalty required by the verb condemnetur (passive subjunctive present of condemno, 'to condemn').
  2. §42.1.22.1Quod autem de sociis dictum est — The clause-initial quod is a relative pronoun (neuter singular nominative) introducing a limiting or topic-introducing clause ('as for what...'). The subsequent ut clause (ut ... condemnentur) explains the content of dictum est in apposition.
  3. §42.1.22.1se facturum — An accusative-with-infinitive construction acting as the object of edicit, with the auxiliary esse omitted from the future infinitive facturum esse. The accusative subject se is a reflexive pronoun referring back to the main clause subject praetor.
  4. §42.1.22.1neganti... obligato — Both are in the dative case (the present participle neganti and perfect participle obligato), serving as the dative object governed by the impersonal passive verb non succurratur ('relief is not granted to...').

Cite this passage

Justinian I, The Digest of Justinian §42.1.22.pr-42.1.22.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.22.pr-42.1.22.1

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