Humanitext Reader

Justinian I · The Digest of Justinian §44.7.7.pr

Bar on Actions by a Son against His Father Under Power

Passage 7292 of 9271 · Latin

Summary

This fragment states the rule that an action against a father cannot be granted to a son as long as the son remains under his paternal power.

[POMPONIUS libro quinto decimo ad Sabinum. ] §44.7.7.prActiones aduersus patrem filio praestari non possunt, dum in potestate eius est filius.
[POMPONIUS, from the fifteenth book on Sabinus.]\n\nActions against a father cannot be granted to a son as long as the son is under his power.

Notes

  1. §44.7.7.prfilio praestari non possunt — The passive infinitive praestari is used with the subject Actiones (actions) in the sense of "to be granted" or "to be afforded", taking the dative filio (to the son).
  2. §44.7.7.prin potestate eius — The genitive eius (his) refers to patrem (the father), and potestate refers to the "paternal power" (patria potestas) in Roman law.

Cite this passage

Justinian I, The Digest of Justinian §44.7.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.7.pr

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