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Justinian I · The Digest of Justinian §46.1.47.pr-46.1.47.1

Sureties for Deportees and for Emancipated Sons

Passage 7595 of 9271 · Latin

Summary

Discusses the effect of a debtor's deportation on the validity of a guarantee, and the liability of a surety when a son accepts a guarantee regarding his peculium and subsequently lends money after his emancipation.

[PAPINIANUS libro nono quaestionum. ] §46.1.47.prSi debitori deportatio irrogata est, non posse pro eo fideiussorem accipi scribit Iulianus, quasi tota obligatio contra eum extincta sit.
[PAPINIANUS, in the ninth book of Questions.] Julian writes that if deportation has been imposed on a debtor, a surety cannot be accepted for him, as if the entire obligation against him had been extinguished.
§46.1.47.1Si filius in causa peculiari ita fideiussorem acceperit: 'quantam pecuniam credidero, fide tua esse iubes?' et emancipatus credat, patri quidem, si non est reus obligatus, non tenebitur, filio uero humanitatis intuitu obnoxius esse debet.
If a son, in a matter concerning his peculium, has accepted a surety in this way: 'Do you guarantee that whatever money I lend shall be under your liability?' and then, having been emancipated, he lends the money, the surety will indeed not be liable to the father, provided that the father is not bound as the principal debtor, but he ought to be liable to the son out of considerations of humanity.

Notes

  1. §46.1.47.prnon posse pro eo fideiussorem accipi — The logical subject of `posse` is `fideiussorem`, with `accipi` acting as the present passive infinitive. The whole clause forms the accusative with infinitive construction dependent on `scribit`.
  2. §46.1.47.1emancipatus credat — The perfect passive participle `emancipatus` modifies the subject of the conditional clause (the son), functioning as a participial construction expressing the temporal sequence: "after being emancipated."
  3. §46.1.47.1patri quidem, si non est reus obligatus, non tenebitur — The subject of the verb `tenebitur` is the surety, and `patri` is in the dative. Although rights derived from the peculium normally accrue to the paterfamilias, if the son lends money after emancipation, the surety is not liable to the father, unless the father himself is bound as the principal debtor.

Cite this passage

Justinian I, The Digest of Justinian §46.1.47.pr-46.1.47.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.1.47.pr-46.1.47.1

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