Bonus pater familias
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Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Ju ...
, the term ''bonus pater familias'' ("good family father") refers to a
standard of care In tort law, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care. The requirements of the standard are closely dependent on circumstances. Whether the standard of care has been b ...
, analogous to that of the
reasonable man In law, a reasonable person, reasonable man, or the man on the Clapham omnibus, is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions. Strictly according to the fiction, it is ...
in English 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 Law of Portugal is the legal system that applies to Portugal. It is part of the family of the civil law legal systems, based on Roman law. As such, it has many common features with the legal systems found in most of the countries in Contin ...
the term is also mentioned in the Civil Code, in its direct translation ("um bom pai de família"). In
Italian law Italian(s) may refer to: * Anything of, from, or related to the people of Italy over the centuries ** Italians, an ethnic group or simply a citizen of the Italian Republic or Italian Kingdom ** Italian language, a Romance language *** Regional Ita ...
, the term is used in a direct translation (" 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.,'' 9772 SCR 302, at p. 315, the Supreme Court of Canada described the standard of care and diligence expected of the manager of a
trust Trust often refers to: * Trust (social science), confidence in or dependence on a person or quality It may also refer to: Business and law * Trust law, a body of law under which one person holds property for the benefit of another * Trust (bus ...
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."Supreme Court of Canada
Fales v. Canada Permanent Trust Co.
9772 SCR 302, 1976 CanLII 14 (SCC) (per Dickson J.) ''CanLII.'' Retrieved 22 November 2018.


References

Roman law Latin legal terminology Latin words and phrases Family in ancient Rome {{AncientRome-law-stub