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Justinian I · The Digest of Justinian §46.3.22.pr

Prohibition on a Son in Power Releasing a Debtor

Passage 7677 of 9271 · Latin

Summary

This section discusses the principle regarding the acquisition and reduction of rights, stating that a son under paternal power cannot release a debtor against his father's will.

[ULPIANUS libro quadragensimo quinto ad Sabinum. ] §46.3.22.prFilius familias patre inuito debitorem eius liberare non potest: adquirere enim obligationem potest, deminuere non potest.
[ULPIANUS in the forty-fifth book on Sabinus.] A son under paternal authority cannot, against his father's will, release his father's debtor; for he can acquire an obligation, but he cannot diminish it.

Notes

  1. 46.3.22.prpatre inuito — An ablative absolute construction consisting of the noun patre and the adjective inuito without a participle, meaning "against his father's will" or "while his father is unwilling".
  2. 46.3.22.pradquirere enim obligationem potest, deminuere non potest — In Roman law, because any benefit acquired by a filius familias belongs to the pater familias, 'adquirere obligationem' refers to acquiring a claim (obligation) for the father. Conversely, the object of 'deminuere' (to diminish) is implied as the father's estate or existing claims. It illustrates the principle that a son can perform acts beneficial to the father (acquisition) but cannot unilaterally perform acts detrimental to him (diminution or disposal).

Cite this passage

Justinian I, The Digest of Justinian §46.3.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.22.pr

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