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Justinian I · The Digest of Justinian §50.1.6.pr-50.1.6.3

Origin by Father or Patron and Plural Domiciles

Passage 8649 of 9271 · Latin

Summary

Stipulates that a false assumption of origin does not alter the truth, that a son follows his father's citizenship, the requirements for having a domicile in two places, and that freedmen follow their patrons' origin or domicile.

[ULPIANUS libro secundo opinionum. ] §50.1.6.prAdsumptio originis, quae non est, ueritatem naturae non peremit: errore enim ueritas originis non amittitur nec mendacio dicentis se esse, unde non sit, deponitur: neque recusando quis patriam, ex qua oriundus est, neque mentiendo de ea, quam non habet, ueritatem mutare potest. §50.1.6.1Filius ciuitatem, ex qua pater eius naturalem originem ducit, non domicilium sequitur. §50.1.6.2Uiris prudentibus placuit duobus locis posse aliquem habere domicilium, si utrubique ita se instruxit, ut non ideo minus apud alteros se collocasse uideatur. §50.1.6.3Libertini originem patronorum uel domicilium sequuntur: item qui ex his nascuntur.
[ULPIAN, Opinions, book 2]\n\nThe assumption of an origin which does not exist does not destroy the truth of nature; for the truth of origin is not lost by error, nor is it laid aside by the lie of one saying that he is from where he is not; nor can anyone change the truth either by rejecting the fatherland from which he originates, or by lying about that which he does not have.\n\nA son follows the citizenship (city) from which his father derives his natural origin, not his domicile.\n\nIt has pleased the learned jurists that someone can have a domicile in two places, if in both places he has so established himself that he appears to have settled himself no less with the one than with the other.\n\nFreedmen follow the origin or domicile of their patrons; likewise those who are born of them.

Notes

  1. §50.1.6.prdicentis se esse, unde non sit — The genitive singular present participle dicentis ('of one saying') modifies an implied pronoun depending on mendacio ('by the lie'). se esse is an accusative-and-infinitive construction dependent on dicentis, with an implied adverb inde ('that he is from there'). The subjunctive sit is used because it is a subordinate clause within indirect speech.
  2. §50.1.6.2apud alteros — A prepositional phrase with apud and the accusative plural alteros. Although the subject aliquem is singular, the plural alteros is used to refer to 'with the other party' or 'with the people of the other place', contrasting the two localities.

Cite this passage

Justinian I, The Digest of Justinian §50.1.6.pr-50.1.6.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.1.6.pr-50.1.6.3

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