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Justinian I · The Digest of Justinian §47.10.41.pr

Father's Two Actions for Injury Suffered by His Son

Passage 8043 of 9271 · Latin

Summary

If a son suffers an injury, the father is not to be prevented from bringing two separate actions to pursue both his own injury and that of his son.

[NERATIUS libro quinto membranarum. ] §47.10.41.prPater, cuius filio facta est iniuria, non est impediendus, quo minus duobus iudiciis et suam iniuriam persequatur et filii.
[NERATIUS in the fifth book of the Parchments.] A father whose son has suffered an injury should not be prevented from pursuing both his own injury and that of his son by two actions.

Notes

  1. §47.10.41.prquo minus — A conjunction introducing a subjunctive clause (`persequatur`) after a verb of hindering (here, the negative passive periphrastic `non est impediendus`), meaning "from [doing something]."
  2. §47.10.41.pret suam iniuriam persequatur et filii — `et ... et ...` means "both ... and ...". `filii` is a possessive genitive with `iniuriam` being omitted after it (meaning "and [the injury] of his son"). Because an injury to a filiusfamilias is also legally deemed a spiritual injury to the paterfamilias, the father can bring two separate actions (`duobus iudiciis`) for both injuries.

Cite this passage

Justinian I, The Digest of Justinian §47.10.41.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.10.41.pr

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