- 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-lat1:3.5.45.pr-3.5.45.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-07
The text discusses whether an action for business managed or an action of mandate should be granted when a father or a third party performs management or acts as a surety on behalf of a son or another party who received a mandate.
[AFRICANUS libro septimo quaestionum.]
[AFRICANUS, Questions, Book VII]
Mandasti filio meo, ut tibi fundum emeret: quod cum cognouissem, ipse eum tibi emi. puto referre, qua mente emerim: nam si propter ea, quae tibi necessaria esse scirem, et te eius uoluntatis esse,1 ut emptum habere uelles, agemus inter nos negotiorum gestorum, sicut ageremus, si aut nullum omnino mandatum intercessisset, aut Titio mandasses et ego, quia per me commodius negotium possim conficere, emissem. si uero propterea emerim, ne filius mandati iudicio teneatur, magis est, ut2 ex persona eius et ego tecum mandati agere possim et tu mecum actionem habeas de peculio, quia et si Titius id mandatum suscepisset et, ne eo nomine teneretur, ego emissem, agerem cum Titio negotiorum gestorum, et ille tecum et tu cum illo mandati. idem est, et si filio meo mandaueris, ut pro te fideiuberet, et ego pro te fideiusserim.
You mandated my son to buy a tract of land for you; when I had learned of this, I myself bought it for you. I think it makes a difference with what intention I bought it. For if it was on account of those things which I knew were necessary for you, and because you were of such a mind that you wished to have it bought, we shall bring actions between us for business managed, just as we would bring them if either no mandate at all had intervened, or you had mandated Titius and I, because I could complete the business more conveniently by myself, had bought it. But if indeed I bought it for the reason that my son should not be held liable under the action of mandate, it is more correct that, on his account, I also should be able to bring the action of mandate against you, and you should have against me the action concerning the peculium; because even if Titius had undertaken that mandate and, lest he should be held liable on that account, I had bought it, I would bring the action for business managed against Titius, and he against you, and you against him the action of mandate. The same is true also if you mandated my son to become a surety for you, and I became a surety for you.
Si proponatur te Titio mandasse, ut pro te fideiuberet, meque, quod is aliqua de causa impediretur quo minus fideiuberet,3 liberandae fidei eius causa4 fideiussisse, negotiorum gestorum mihi competit actio.
If it is proposed that you mandated Titius to become a surety for you, and I, because he was prevented by some cause from becoming a surety, became a surety for the purpose of releasing his obligation, the action for business managed is available to me.
- 3.5.45.prte eius uoluntatis esse
Part of the nominal elements governed by the preposition propter. The neuter plural accusative pronoun ea and the accusative-with-infinitive clause te... esse are coordinated. "eius uoluntatis" is a genitive of quality, the specific content of which (wishing to keep it bought) is explained by the following ut-clause.
- 3.5.45.prmagis est, ut
An impersonal idiomatic expression meaning "it is more correct/appropriate that...". The ut-clause containing the subjunctive verbs (possim and habeas) functions as the substantive subject.
- 3.5.45.1quo minus fideiuberet
A subjunctive clause introduced after the passive verb impediretur, which expresses hindrance. The conjunction quominus (or quo minus) introduces the action that is prevented ("from becoming a surety").
- 3.5.45.1liberandae fidei eius causa
A gerundive construction. The gerundive liberandae agrees in gender, number, and case with the feminine singular genitive noun fidei, and together with the postposed causa, it expresses purpose ("for the purpose of releasing his obligation").