Justinian I · The Digest of Justinian §50.16.196.pr-50.16.196.1

Inclusion of the Paterfamilias and Paternal Family Line

Passage 9010 of 9271 · Latin

Summary

A statement by Gaius showing that the designation of 'familia' includes the head of the family himself, and that a woman's children belong to their father's family, not their mother's.

[GAIUS libro sexto decimo ad edictum prouinciale. ] §50.16.196.prFamiliae appellatione et ipse princeps familiae continetur.

[GAIUS in the sixteenth book on the Provincial Edict.] By the designation of 'familia', the head of the family himself is also contained.

§50.16.196.1Feminarum liberos in familia earum non esse palam est, quia qui nascuntur, patris familiam sequuntur.

It is clear that the children of women are not in their family, because those who are born follow the family of the father.

Notes

50.16.196.prprinceps familiae — 'The head of the family'. In this context, princeps is synonymous with pater familias (head of the household), denoting the supreme authority who governs the members of the familia.
50.16.196.1Feminarum liberos in familia earum non esse — An accusative with infinitive (A.C.I.) construction serving as the subject of the impersonal expression palam est (it is clear). The infinitive is esse, and its subject accusative is liberos. The genitive plural feminine earum refers back to feminarum.
50.16.196.1qui nascuntur — A relative clause introduced by the relative pronoun qui (nominative plural masculine). The antecedent (such as ii) is omitted, and the clause acts as a noun phrase ("those who are born") serving as the subject of the main verb sequuntur.

Cite this passage

Justinian I, The Digest of Justinian §50.16.196.pr-50.16.196.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.196.pr-50.16.196.1

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