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Justinian I · The Digest of Justinian §45.1.130.pr

Stipulations between Father and Son for Rights and Acts

Passage 7478 of 9271 · Latin

Summary

Paulus discusses the validity of stipulations made by a father for his son, explaining that they are valid only for legal interests acquirable by the father, whereas acts personal to the son are void; conversely, a son can acquire rights of way for his father.

[PAULUS libro quinto decimo quaestionum. ] §45.1.130.prQuod dicitur patrem filio utiliter stipulari, quasi sibi ille stipularetur, hoc in his uerum est, quae iuris sunt quaeque adquiri patri possunt: alioquin si factum conferatur in personam filii, inutilis erit stipulatio, ueluti ut tenere ei uel ire agere liceat.
[PAULUS, Questions, book 15.] The saying that a father stipulates effectively for his son, as if the latter were stipulating for himself, is true in those matters which are of law and can be acquired for the father. Otherwise, if an act is referred to the person of the son—for example, that he be allowed to hold, or to go and drive—the stipulation will be useless.
contra autem filius etiam ut ire patri liceat stipulando adquiret ei: immo et quod in suam personam conferre non potest, hoc patri adquirat.
On the other hand, however, a son, by stipulating that his father be allowed to go, will acquire it for him; indeed, even that which he cannot refer to his own person, he acquires for his father.

Notes

  1. §45.1.130.prpatrem filio utiliter stipulari — An accusative with infinitive (Aci) construction serving as the subject of dicitur. The dative filio functions as a dative of benefit, and utiliter means 'legally effectively'.
  2. §45.1.130.prquasi sibi ille stipularetur — The pronoun ille refers to the filius (son) in contrast to the father (pater). quasi introduces a conditional clause of comparison, taking the subjunctive imperfect stipularetur. sibi is a reflexive pronoun referring back to ille (the son).
  3. §45.1.130.prire agere — A traditional legal hendiadys expressing the exercise of rustic servitudes of passage: ire corresponds to the right of path on foot or horseback (iter), while agere corresponds to the right to drive beasts or vehicles (actus).

Cite this passage

Justinian I, The Digest of Justinian §45.1.130.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.130.pr

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