Misplaced Pages

Bonus pater familias

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.
(Redirected from Bonus paterfamilias)
This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed.
Find sources: "Bonus pater familias" – news · newspapers · books · scholar · JSTOR (April 2016) (Learn how and when to remove this message)

You can help expand this article with text translated from the corresponding article in Danish. (November 2015) Click for important translation instructions.
  • View a machine-translated version of the Danish article.
  • Machine translation, like DeepL or Google Translate, is a useful starting point for translations, but translators must revise errors as necessary and confirm that the translation is accurate, rather than simply copy-pasting machine-translated text into the English Misplaced Pages.
  • Do not translate text that appears unreliable or low-quality. If possible, verify the text with references provided in the foreign-language article.
  • You must provide copyright attribution in the edit summary accompanying your translation by providing an interlanguage link to the source of your translation. A model attribution edit summary is Content in this edit is translated from the existing Danish Misplaced Pages article at ]; see its history for attribution.
  • You may also add the template {{Translated|da|Bonus pater familias}} to the talk page.
  • For more guidance, see Misplaced Pages:Translation.

In Roman law, the term bonus pater familias ("good family father") refers to a standard of care, analogous to that of the reasonable man in the common law.

In Spanish law, the term used is a direct translation ("un buen padre de familia"), and used in the Spanish Código Civil. It is also used in Latin American countries.

In Portuguese law the term is also mentioned in the Civil Code, in its direct translation ("um bom pai de família").

In Italian law, the term is used in a direct translation ("<diligenza del> buon padre di famiglia").

Similar is the French language expression bon père de famille, used in a sense similar to "reasonably cautious person." For example, in the case of Fales v. Canada Permanent Trust Co., 2 SCR 302, at p. 315, the Supreme Court of Canada described the standard of care and diligence expected of the manager of a trust as being "ceux qu’un bon père de famille apporte à l’administration de ses propres affaires". In the English version of the decision, this concept was translated as "that of a man of ordinary prudence in managing his own affairs."

References

  1. Parker, Wendy. "The reasonable person: a gendered concept?" (PDF). Victoria University of Wellington Law Review. 23 (1993): 105, 112.
  2. Código Civil, art. 1.094, 1.104.2, 1.903.
  3. e.g.Código Civil de Venezuela, art. 1133; Código Civil de Colombia, art.63
  4. Supreme Court of Canada. Fales c. Canada Permanent Trust Co., 2 RCS 302, 1976 CanLII 14 (CSC) (per Dickson J.). CanLII. Retrieved 22 November 2018.
  5. Supreme Court of Canada. Fales v. Canada Permanent Trust Co., 2 SCR 302, 1976 CanLII 14 (SCC) (per Dickson J.) CanLII. Retrieved 22 November 2018.


LEX

This article about Roman law is a stub. You can help Misplaced Pages by expanding it.

Categories: