- 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-lat1:2.14.44.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-31
When a pupil was about to abstain from his father's estate, the tutor negotiated a settlement with the creditors; it is asked whether the tutor, who is also himself a creditor, must accept the same proportional reduction, and the answer is that he must.
[SCAEUOLA libro quinto responsorum.]
[SCAEUOLA, Responses, book 5]
Cum in eo esset pupillus, ut1 ab hereditate patris abstineretur,2 tutor cum plerisque creditoribus decidit, ut certam portionem acciperent: idem curatores cum aliis fecerunt. quaero, an et tutor idemque creditor patris eandem portionem retinere debeat. respondi eum tutorem, qui ceteros ad portionem uocaret,3 eadem parte contentum esse debere.
When a pupil was in such a position that he was to abstain from his father’s inheritance, the tutor agreed with most of the creditors that they should receive a certain portion; the curators did the same with the others. I ask whether the tutor, who was at the same time a creditor of the father, ought to retain the same portion. I answered that the tutor, who invited the others to the portion, ought to be content with the same part.
- 2.14.44.prin eo esset... ut
The impersonal phrase in eo esse ut... means "to be on the point of doing" or "to be in such a situation that...". Here it indicates that the pupil was on the verge of abstaining from his deceased father's insolvent estate.
- 2.14.44.prabstineretur
Passive of the verb abstinere. Here it is used in a reflexive or passive sense meaning "to abstain (from the inheritance)". It refers to the legal remedy (beneficium abstinendi) by which a pupil was protected from an insolvent estate.
- 2.14.44.pruocaret
Subjunctive imperfect. It is used because the relative clause (qui... uocaret) is subordinate to an indirect statement (the accusative and infinitive construction introduced by respondi).