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Justinian I · The Digest of Justinian §50.1.4.pr

Son's Own Choice of Establishing a Domicile

Passage 8647 of 9271 · Latin

Summary

It is stated that a son's domicile does not necessarily have to be where his father has his, but can be wherever the son himself establishes it.

[IDEM libro trigensimo nono ad edictum. ] §50.1.4.prnon utique ibi, ubi pater habuit, sed ubicumque ipse domicilium constituit.
[THE SAME, On the Edict, book 39] not necessarily in the place where his father had it, but wherever he himself has established his domicile.

Notes

  1. §50.1.4.prnon utique — Expresses partial negation, meaning "not necessarily." This allows a son under paternal power to establish a domicile elsewhere, rather than completely forbidding him from having it in the same place as his father.
  2. §50.1.4.prhabuit — Third-person singular perfect active. Following the phrase "domicilium habere" in the preceding section, the object "domicilium" is understood here by ellipsis ("pater [domicilium] habuit").

Cite this passage

Justinian I, The Digest of Justinian §50.1.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.1.4.pr

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