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Justinian I · The Digest of Justinian §44.1.24.pr

Father Acquiring the Defense of an Oath through a Son

Passage 7213 of 9271 · Latin

Summary

It explains that if a son-in-power takes an oath stating that he is not under an obligation to give, his father acquires the defense of an oath.

[HERMOGENIANUS libro sexto iuris epitomarum. ] §44.1.24.prFilius familias exceptionem iurisiurandi patri quaerit, si eum dare non oportere iurauerit.
[HERMOGENIANUS, Book 6 of Epitomes of Law.] A son-in-power acquires the defense of an oath for his father, if he has sworn that he ought not to give.

Notes

  1. §44.1.24.prpatri quaerit — The verb `quaerere` is used here in a technical legal sense meaning "to acquire or procure (for someone else)." The dative `patri` is a dative of benefit (dativus commodi), indicating the person (the father) who acquires the defense through the son's act. In Roman law, acts of a son-in-power generally acquire rights or benefits for the father.
  2. §44.1.24.preum dare non oportere — An accusative-and-infinitive (A.C.I.) construction dependent on `iurauerit` ("if he has sworn"). The accusative subject `eum` refers back to the subject of the main clause, `filius familias`. The infinitive `dare` functions as the subject of the impersonal verb `oportere`.

Cite this passage

Justinian I, The Digest of Justinian §44.1.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.1.24.pr

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