Humanitext Reader

Justinian I · The Digest of Justinian §49.15.11.pr-49.15.11.1

Order of Death of Father and Son and the Lex Cornelia

Passage 8582 of 9271 · Latin

Summary

This section discusses the status of the pupillary substitute and the application of the Lex Cornelia when the son dies in the state before the captured father, and when both die in captivity with the father dying first.

[PAPINIANUS libro trigensimo primo quaestionum. ] §49.15.11.prQuod si filius ante moriatur in ciuitate, nihil est quod de secundis tabulis tractari possit, siue quoniam uiuo patre filius familias mori intellegitur, siue quoniam non reuerso eo exinde sui iuris uidetur fuisse, ex quo pater hostium potitus est.
[PAPINIANUS, from the Thirty-First Book of Questions.] But if the son should die beforehand in the state, there is nothing that can be discussed regarding the second tablets, whether because he is understood to have died as a filius familias during the lifetime of his father, or because, since his father did not return, he is deemed to have been sui iuris from the moment when his father was captured by the enemy.
§49.15.11.1Sed si ambo apud hostes et prior pater decedat, sufficiat lex Cornelia substituto non alias, quam si apud hostes patre defuncto postea filius in ciuitate decessisset.
But if both are with the enemy and the father should die first, the Lex Cornelia would be sufficient for the substitute, not otherwise than if, after the father had died with the enemy, the son had afterwards died in the state.

Notes

  1. §49.15.11.prnon reuerso eo — An ablative absolute clause with the father (`eo`) as the logical subject, conditioning the retroactive effect (the fiction of death at the moment of capture) due to his non-return.
  2. §49.15.11.1non alias, quam si — A comparative phrase meaning "not otherwise than if" or "just as if." It equates the actual situation where both died in captivity with the hypothetical situation where the father died in captivity and the son subsequently died in the state, showing that the fiction of the Lex Cornelia applies to the substitute (`substituto`).

Cite this passage

Justinian I, The Digest of Justinian §49.15.11.pr-49.15.11.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.15.11.pr-49.15.11.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.