Humanitext Reader

Justinian I · The Digest of Justinian §42.8.12.pr

Administration of Peculium and Fraudulent Disposal

Passage 7014 of 9271 · Latin

Summary

Marcellus discusses that even if a father grants his son-in-power the free administration of his peculium, this does not imply the power to alienate in fraud of creditors. However, if the father explicitly permitted it, the father himself is deemed to have acted, and appropriate actions can be brought against him.

[MARCELLUS libro octauo decimo digestorum. ] §42.8.12.prSi pater filio familias liberam peculii administrationem dederit, non uidetur ei et hoc concessisse, ut in fraudem creditorum alienaret: talem enim alienationem non habet.
[MARCELLUS in the eighteenth book of the Digests.] If a father has given to his son-in-power the free administration of his peculium, he is not deemed to have granted him this as well, namely, that he may alienate in fraud of creditors; for he does not possess such power of alienation.
at si hoc quoque concessit filio pater, ut uel in fraudem creditorum facere possit, uidebitur ipse fecisse et sufficient competentes aduersus eum actiones.
But if the father has granted this also to his son, that he may act even in fraud of creditors, he himself will be deemed to have done it, and the appropriate actions against him will be sufficient.
etenim filii creditores etiam patris sunt creditores, cum eius generis uidelicet habebunt actionem, ut his de peculio praestari necesse sit.
For indeed, the creditors of the son are also the creditors of the father, since they will of course have an action of such a kind that it is necessary for them to be paid from the peculium.

Notes

  1. 42.8.12.prnon uidetur — The verb uidetur is used personally with pater as its subject. ei is the dative referring to filio familias (the son-in-power).
  2. 42.8.12.prut in fraudem creditorum alienaret — A noun clause in apposition explaining the content of hoc ("this").
  3. 42.8.12.prcum eius generis... ut... — cum is a conjunction indicating reason. The ut clause is a clause of result or description modifying eius generis ("of such a kind"), describing that the creditors have an action concerning the peculium (actio de peculio).

Cite this passage

Justinian I, The Digest of Justinian §42.8.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.8.12.pr

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