- 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-lat1:3.5.36.pr-3.5.36.2
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-06
This fragment addresses the enrichment of a ward in unauthorized management, the manager's duty to pay interest and bear credit risk in money affairs, and a father's liability for managing property he gifted to his emancipated son.
[IDEM libro primo sententiarum.]
[THE SAME, Opinions, Book I]
Litis contestatae tempore quaeri solet, an pupillus, cuius sine tutoris auctoritate negotia gesta sunt, locupletior sit ex ea re factus, cuius patitur actionem.1
At the time of joinder of issue (litis contestatio), it is customary to inquire whether a ward, whose affairs have been managed without the authority of his guardian, has been made richer by that transaction, the action on which he is facing.
Si pecuniae quis negotium gerat, usuras quoque praestare cogitur et periculum eorum nominum, quae ipse contraxit: nisi fortuitis casibus debitores ita suas fortunas amiserunt, ut tempore litis ex ea actione contestatae soluendo non essent.2
If anyone manages an affair involving money, he is compelled to pay interest also, and to bear the risk of those debts which he himself contracted; unless by fortuitous events the debtors have so lost their fortunes that, at the time of the joinder of issue in that action, they were not solvent.
Pater si emancipati filii res a se donatas3 administrauit, filio actione negotiorum gestorum tenebitur.
If a father has administered the property of an emancipated son which was donated by himself, he will be liable to the son by the action for the management of affairs.
- 3.5.36.prcuius patitur actionem
cuius is a relative pronoun in the genitive referring to the antecedent ea re, acting as an objective genitive with actionem ('the action concerning which'). patitur is used in the sense of submitting to or facing a lawsuit as a defendant.
- 3.5.36.1soluendo non essent
soluendo is the dative of the gerundive soluendus, used idiomatically with esse (or non esse) to express purpose or fitness ('to be solvent/insolvent'). It appears in the subjunctive imperfect essent inside the consecutive ut clause.
- 3.5.36.2res a se donatas
The phrase a se containing the reflexive pronoun refers back to the subject of the conditional clause, Pater (the father), indicating that the property was donated by the father himself.