Humanitext Reader

Justinian I · The Digest of Justinian §45.1.11.pr

Return of a Captive Father and Stipulation by a Son

Passage 7357 of 9271 · Latin

Summary

This fragment explains that if a son in the state enters into a stipulation while his father is held captive, the right is deemed acquired for the father upon his return from the enemy.

[PAULUS libro secundo ad Sabinum. ] §45.1.11.prFilius dum in ciuitate est si stipuletur, patri reuerso ab hostibus uidetur adquisisse.
[PAULUS, in the second book on Sabinus.] If a son, while he is in the state, should enter into a stipulation, he is deemed to have acquired for his father upon his return from the enemy.

Notes

  1. §45.1.11.prpatri reuerso ab hostibus — The dative `patri` indicates the person for whom the acquisition is made (dative of advantage) with the perfect infinitive `adquisisse` (`adquirere`). The participial phrase `reuerso ab hostibus` (returned from the enemy) modifies it, indicating that the rights acquired by the son during the father's captivity accrue to the father upon his postliminary return.
  2. §45.1.11.pruidetur adquisisse — The main verb `uidetur` is used in a personal construction with the subject `filius` (nominative with infinitive), meaning literally 'the son is seen (deemed) to have acquired [for his father]'.

Cite this passage

Justinian I, The Digest of Justinian §45.1.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.11.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.