Humanitext Reader

Justinian I · The Digest of Justinian §43.30.4.pr

Interdict and Action on a Son's Status and Inheritance

Passage 7183 of 9271 · Latin

Summary

He discusses that if someone claims to be a head of household but another asserts they are in their power and inherited by their order, both an action on inheritance and the interdict on taking away a son must be pursued.

[AFRICANUS libro quarto quaestionum. ] §43.30.4.prSi eum, qui se patrem familias dicat, ego in mea potestate esse et iussu meo adisse hereditatem dicam, tam de hereditate agi oportere quam ad interdictum de filio ducendo iri debere ait.
[AFRICANUS libro quarto quaestionum.] If I should assert that a person who claims to be a head of a household is in my power and has entered upon an inheritance by my order, he says that a legal action ought to be brought concerning the inheritance, just as much as a resort should be made to the interdict for taking away a son.

Notes

  1. §43.30.4.preum — This is a proleptic construction where `eum`, while being modified by the relative clause `qui se patrem familias dicat`, functions as the subject accusative of the infinitive clauses (`in mea potestate esse` and `adisse`) dependent on the verb `dicam` in the conditional clause.
  2. §43.30.4.priri debere — The passive infinitive `iri` of the intransitive verb `eo` is used impersonally with `debere`, meaning literally "it ought to be gone to the interdict," which functions to mean "resort must be had to the interdict."

Cite this passage

Justinian I, The Digest of Justinian §43.30.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.30.4.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.