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Justinian I · The Digest of Justinian §42.8.19.pr

Restitution of Maternal Trust to Son Without Fraud

Passage 7021 of 9271 · Latin

Summary

Papinian replies that a father, who during his lifetime restored a maternal inheritance trust to his emancipated son without deducting the Falcidian portion, acted out of his duty of maintenance and good faith, and thus did not defraud his creditors.

[IDEM libro undecimo responsorum. ] §42.8.19.prPatrem, qui non exspectata morte sua fideicommissum hereditatis maternae filio soluto potestate restituit omissa ratione Falcidiae, plenam fidem ac debitam pietatem secutus exhibitionis, respondi non creditores fraudasse.
[THE SAME in the eleventh book of Opinions.] I replied that a father, who, without waiting for his own death, restored the trust of the maternal inheritance to his son released from parental power, omitting the calculation of the Falcidian law, followed full good faith and the due affection of maintenance, and did not defraud his creditors.

Notes

  1. 42.8.19.prPatrem... fraudasse — Accusative with infinitive (A.c.I.) construction governed by the main verb `respondi`. `Patrem` is the subject accusative of the infinitive `fraudasse` (contracted form of `fraudavisse`), and `creditores` is its object.
  2. 42.8.19.prsecutus — A nominative masculine singular perfect participle, which grammatically refers to the accusative `Patrem` (where we would expect the accusative `secutum`). This is an anacoluthon, influenced by the nominative subject of the relative clause `qui... restituit` or the mental focus on the father as the agent.
  3. 42.8.19.prsoluto potestate — A participial phrase modifying the dative `filio`. `soluto` is the dative perfect passive participle of `solvere` (to release). `potestate` refers to parental power (patria potestas) and is an ablative of separation. It denotes a son who has been emancipated and has become independent (sui iuris).
  4. 42.8.19.prexhibitionis — Genitive noun ("maintenance, support"). It modifies `pietatem` (or both `fidem` and `pietatem`), meaning "the due affection concerning maintenance".

Cite this passage

Justinian I, The Digest of Justinian §42.8.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.8.19.pr

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