Humanitext Reader

Justinian I · The Digest of Justinian §50.8.9.pr

Father's Liability for a Son Serving as Magistrate

Passage 8763 of 9271 · Latin

Summary

It reports Julian's opinion that if a son under paternal power holds a magistracy with his father's consent, the father is fully liable for any deficiency caused to the public body under the son's name.

[PAULUS libro primo ad edictum praetoris. ] §50.8.9.prSi filius familias uolente patre magistratum gesserit, Iulianus existimauit in solidum patrem teneri in id, quod eius nomine rei publicae abesset.
[Paulus, from the first book on the Edict of the Praetor.] If a son under paternal power has held a magistracy with his father's consent, Julian was of the opinion that the father is liable for the whole amount of what was lost to the public body under his son's name.

Notes

  1. §50.8.9.pruolente patre — Ablative absolute consisting of the present participle uolente and the noun patre. It means 'with the father consenting' and establishes the precondition that the father consented to his son holding the magistracy.
  2. §50.8.9.prrei publicae abesset — The verb absum (to be absent, to be lacking) combined with the dative of disadvantage rei publicae. The subjunctive imperfect abesset is used in the relative clause id, quod... because it is subordinate to the indirect speech of Julian's opinion, or to denote a hypothetical deficiency.

Cite this passage

Justinian I, The Digest of Justinian §50.8.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.8.9.pr

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