Justinian I · The Digest of Justinian §47.2.59.pr

Theft Actions by a Son Having Become Pater Familias

Passage 7921 of 9271 · Latin

Summary

Rules on the exercise of the right of action once a son-in-power becomes a pater familias, in cases where a theft was committed against him or a thing leased to him was stolen.

[IULIANUS libro quarto ad Urseium Ferocem. ] §47.2.59.prSi filio familias furtum factum esset, recte is pater familias factus eo nomine aget.

[JULIANUS in the fourth book on Urseius Ferox.] If a theft had been committed against a son-in-power, once he has become a father-of-the-family, he will rightly bring an action on that account.

sed et si res ei locata subrepta fuerit, pater familias factus itidem agere poterit.

But also if a thing leased to him has been stolen, once he has become a father-of-the-family, he will likewise be able to bring an action.

Notes

§47.2.59.prpater familias factus — The perfect participle `factus` is in the nominative and modifies the subject, expressing a temporal or conditional circumstance ("when/after he has become a pater familias"). Since a son-in-power (filius familias) generally lacks the standing to bring an action in his own name, acquiring the independent legal status (sui iuris) of a pater familias is a prerequisite for exercising the right of action.
§47.2.59.prres ei locata — The dative pronoun `ei` modifies the perfect participle `locata` (from `loco`, "to lease/let"), meaning "the thing leased to him (the son-in-power)." This refers to a scenario where the son-in-power held the thing as a lessee (conductor) and it was stolen, addressing the entitlement to the action for theft (actio furti).

Cite this passage

Justinian I, The Digest of Justinian §47.2.59.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.59.pr

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