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Justinian I · The Digest of Justinian §43.16.16.pr

Father's Liability for Benefits under Interdict unde vi

Passage 7092 of 9271 · Latin

Summary

Ulpian states the principle that in the interdict unde vi, a father must himself be held liable in respect of whatever benefit has accrued to him from the act.

[ULPIANUS libro uicensimo nono ad edictum. ] §43.16.16.prIn interdicto unde ui dicendum est, ut eius causa, quod ad patrem peruenit, ipse teneatur.
[ULPIANUS, in the twenty-ninth book on the Edict.] In the interdict unde vi, it must be said that he himself is held liable in respect of that which has come to the father.

Notes

  1. §43.16.16.prdicendum est, ut... teneatur — Following the impersonal gerundive construction dicendum est ("it must be said"), the ut clause functions as a noun clause of result, expressing the substance of the legal ruling.
  2. §43.16.16.preius causa, quod ad patrem peruenit — eius is a neuter genitive singular acting as the antecedent of the relative pronoun quod. The noun causa here means "matter, case, or account," and the whole phrase means "in the matter of that which has come to the father," indicating the scope or basis of the father's liability.

Cite this passage

Justinian I, The Digest of Justinian §43.16.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.16.16.pr

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