- 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-lat1:4.4.40.pr-4.4.40.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-08
It is established that reinstatement in integrum is granted to a minor under twenty-five who compromised his judgment-based enforcement right by a new contract, and also to a minor who thoughtlessly gave his father's estate in lieu of payment for debts arising from the father's guardianship administration.
[ULPIANUS libro quinto opinionum.]
[ULPIANUS, in the fifth book of Opinions.]
Minor annis uiginti quinque, cui fideicommissum solui pronuntiatum erat, cauerat id se accepisse et cautionem eidem debitor quasi creditae pecuniae fecerat. in integrum restitui potest, quia partam1 ex causa iudicati persecutionem nouo contractu ad initium alterius petitionis redegerat.
A minor under twenty-five years of age, for whom it had been decreed that a trust (fideicommissum) should be paid, had acknowledged by a written security (cautio) that he had received it, and had executed a security to the same debtor as if for a loaned sum of money. He can be reinstated in integrum, because by a new contract he had reduced the enforcement right (persecutio) acquired from the judgment to the initial stage of another petition.
Praedia patris sui minor annis uiginti quinque ob debita rationis tutelae aliorum,2 quam pater administrauerat, in solutum inconsulte dedit: ad suam aequitatem per in integrum restitutionem reuocanda res est, usuris pecuniae, quam constiterit3 ex tutela deberi, reputatis et cum quantitate fructuum perceptorum compensatis.
A minor under twenty-five years of age, on account of debts from the accounts of the guardianship (tutela) of others which his father had administered, thoughtlessly gave his father’s estates in lieu of payment (in solutum). The property must be restored for his equity through reinstatement in integrum, after the interest on the money which it shall be established was owed from the guardianship is calculated and offset against the amount of fruits gathered.
- 4.4.40.prpartam
The perfect passive participle (feminine accusative singular) of pario (to acquire, produce), modifying persecutionem (enforcement right). It refers to the secure legal position already acquired "from the judgment" (ex causa iudicati).
- 4.4.40.1debita rationis tutelae aliorum
A noun phrase with nested genitives. The noun debita (debts, neuter accusative plural) is modified by rationis (of the account, genitive), which is modified by tutelae (of the guardianship, genitive), and aliorum (of others, genitive) modifies tutelae.
- 4.4.40.1constiterit
The third-person singular future perfect indicative (or perfect subjunctive) of the impersonal verb constat (it is established), taking the accusative and infinitive clause [pecuniam] ex tutela deberi (that money was owed from the guardianship) as its subject.