- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.11.15.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-29
If a tutor promises the appearance of a pupillus but fails to do so, and meanwhile the pupillus reaches puberty, dies, or abstains from the inheritance, the action on the stipulation is denied. This is because even the action on the judgment in the main case would not be granted against the tutor under such circumstances.
[PAPINIANUS libro secundo quaestionum.]
[PAPINIANUS, Questions, book 2]
Si tutor iudicio sisti promiserit et stipulationi non obtemperauerit, et interea pupillus adoleuerit aut mortem obierit aut etiam abstentus sit hereditate:1 denegabitur ex stipulatu actio. nam et ipsius rei, quae petebatur,2 si tutor iudicatus fuerit et eorum quid acciderit, non esse dandam in eum actionem iudicati3 probatum est.
If a tutor has promised that there shall be an appearance in court and has not complied with the stipulation, and in the meantime the pupillus has reached puberty, or has died, or even has abstained from the inheritance: the action on the stipulation will be denied. For it has been established that even with respect to the very thing which was being claimed, if the tutor has been condemned and any of those events has occurred, an action on the judgment is not to be granted against him.
- 2.11.15.prabstentus sit hereditate
abstentus sit is the perfect passive (or middle) of abstinere, with hereditate functioning as an ablative of separation. This refers to the legal situation where a pupillus (minor) refrains or is allowed to abstain from taking up an inheritance to avoid liability for its debts.
- 2.11.15.pripsius rei, quae petebatur
The genitive phrase ipsius rei... functions as a genitive of relation or objective genitive limiting actionem [iudicati]. It refers to the 'very thing which was being claimed' in the main action, contrasting the main lawsuit itself with the secondary stipulation for appearance.
- 2.11.15.prnon esse dandam in eum actionem iudicati
An accusative with infinitive clause dependent on the impersonal main verb probatum est ('it has been established'). The gerundive dandam [esse] expresses passive necessity ('ought not to be granted'), and the prepositional phrase in eum ('against him', referring to the tutor) shows the target of the action.