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 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 Law of Spain is the legislation in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in democratically elected institutions.
Characteristi ...
, 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 Continen ...
the term is also mentioned in the
Civil Code
A civil code is a codification of private law relating to property, family, and obligations.
A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core are ...
, 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 It ...
, 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.,'' 977
Year 977 ( CMLXXVII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place Europe
* May – Boris II, dethroned emperor (''tsar'') of Bulgaria, and his brother Roman m ...
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
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.
977
Year 977 ( CMLXXVII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place Europe
* May – Boris II, dethroned emperor (''tsar'') of Bulgaria, and his brother Roman m ...
2 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