Humanitext Reader

Justinian I · The Digest of Justinian §44.7.39.pr

Liability and Capacity of a Son to Be Sued

Passage 7324 of 9271 · Latin

Summary

Gaius states the legal principle that a son under paternal power is bound and can be sued in the same manner as a father of a family.

[GAIUS libro tertio ad edictum prouinciale. ] §44.7.39.prFilius familias ex omnibus causis tamquam pater familias obligatur et ob id agi cum eo tamquam cum patre familias potest.
[GAIUS, from his third book on the Provincial Edict.] A son of a family is bound on all grounds just like a father of a family, and on this account an action can be brought against him just like against a father of a family.

Notes

  1. 44.7.39.pragi cum eo — The phrase agere cum aliquo is a technical legal term meaning "to bring an action against someone." Here, the passive infinitive agi is used with the impersonal third-person singular potest to mean "an action can be brought against him."
  2. 44.7.39.prfamilias — An archaic genitive singular ending (-as) of the first-declension noun familia. Instead of the classical genitive -ae, this older form is preserved in fixed legal and familial formulas such as pater familias and filius familias.

Cite this passage

Justinian I, The Digest of Justinian §44.7.39.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.39.pr

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