- 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-lat1:4.4.29.pr-4.4.29.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-08
Modestinus discusses the right of a pupil to petition for restitution in integrum when the father is also the tutor, the possibility of restitution against only a part of a judgment, and the validity of restitution involving renunciation of inheritance without the presence of creditors.
[MODESTINUS libro secundo responsorum.]
[MODESTINUS in the second book of the Opinions.]
Etiamsi patre eodemque tutore auctore1 pupillus captus2 probari possit, curatorem postea ei datum nomine ipsius in integrum restitutionem postulare non prohiberi. Ex causa curationis condemnata pupilla aduersus unum caput sententiae restitui uolebat, et quia uidetur in ceteris litis speciebus releuata fuisse, actor maior aetate, qui adquieuit tunc temporis sententiae, dicebat totam debere litem restaurari. Herennius Modestinus respondit, si species, in qua pupilla in integrum restitui desiderat, ceteris speciebus non cohaeret, nihil proponi, cur a tota sententia recedi actor postulans audiendus est.
Even if it can be proved that a pupil was defrauded under the authority of his father who was also his tutor, the curator subsequently appointed for him is not prohibited from petitioning for restitution in integrum in his name. A female pupil, having been condemned in an action arising from guardianship, wished to be restored against one head of the judgment; and since she seemed to have been relieved in the other matters of the dispute, the plaintiff, who was of full age and had at that time acquiesced in the judgment, asserted that the entire lawsuit ought to be reopened. Herennius Modestinus replied that if the matter in which the female pupil desires to be restored in integrum is not connected with the other matters, no reason is shown why the plaintiff, who petitions to withdraw from the entire judgment, should be heard.
Si hereditate patris aetatis beneficio in integrum restitutus abstinuit se3 nemine de creditoribus paternis praesente uel ad agendum a praeside euocato,4 an ea restitutio recte facta uideatur, quaeritur. Herennius Modestinus respondit, cum non euocatis creditoribus in integrum restitutionis decretum interpositum proponatur, minime id creditoribus praeiudicasse.
If a person, restored in integrum by the benefit of age from his father’s inheritance, has abstained from it without any of his father’s creditors being present or summoned by the governor to take action, the question is whether that restitution is deemed to have been validly made. Herennius Modestinus replied that since it is stated that the decree of restitution in integrum was interposed without the creditors having been summoned, this has by no means prejudiced the creditors.
- 4.4.29.prpatre eodemque tutore auctore
An ablative absolute construction consisting of the noun patre eodemque tutore and auctore (authorizer, approver). It means "under the authority of his father who was also his tutor," referring to the legal situation where the tutor gave his authorization (auctoritas) to the minor's transaction.
- 4.4.29.prcaptus
The perfect passive participle of capere (to take, deceive), used here in a legal context to mean "defrauded" or "adversely affected." It serves as the subject predicate in the infinitive construction pupillus captus [esse] probari possit (even if it can be proved that the pupil was defrauded).
- 4.4.29.1abstinuit se
The verb abstinere with a reflexive pronoun, used here as a legal term meaning "to abstain from the inheritance" (i.e., to renounce or decline the estate).
- 4.4.29.1nemine ... praesente uel ... euocato
An ablative absolute construction with the negative pronoun nemine as its logical subject. praesente (present) and euocato (summoned) are joined by uel, expressing a circumstance or concession: "without any of the creditors being present or summoned."