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The Digest of Justinian

§4.4.42.pr

Restitution of Minors Against Judgments and Effect of Appeal

The text states that a provincial governor can restore a minor to their original position even against his own or his predecessor's judgment, explaining that the benefit of age for minors achieves the same effect as an appeal does for adults.

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[ULPIANUS libro secundo de officio proconsulis.]

[ULPIAN, in the second book on the Office of Proconsul.]

§4.4.42.pr

​Praeses prouinciae minorem in integrum restituere potest etiam contra suam uel decessoris sui sententiam: quod enim appellatio interposita1 maioribus praestat, hoc beneficio aetatis consequuntur2 minores.

​The governor of a province can restore a minor to his original position even against his own judgment or that of his predecessor; for what the filing of an appeal affords to adults, minors obtain by the benefit of their age.

Syntax notes2 items
  1. 4.4.42.prappellatio interposita

    The past participle interposita is used attributively with the noun appellatio to express the action itself ("the filing of an appeal", often called the ab urbe condita construction), functioning as the subject of the verb praestat.

  2. 4.4.42.prquod ... praestat, hoc ... consequuntur

    The clause introduced by the relative pronoun quod (quod ... praestat) acts as the antecedent to the demonstrative pronoun hoc in the main clause. Together they function as the direct object of the verb consequuntur ("what ... affords, this they obtain").

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.4.42.pr