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The Digest of Justinian

§4.4.43.pr

Proof of Age for Majority and its Prejudicial Effect

It states that the age of a person claiming to be over twenty-five must be proven after inquiry, as this proof pre-judges the youth's restoration and other cases.

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[MARCELLUS libro primo de officio praesidis.]

[MARCELLUS, in the first book on the Office of Governor.]

§4.4.43.pr

​De aetate eius, qui se maiorem annis uiginti quinque1 dicit, causa cognita2 probandum est, quia per eam probationem in integrum restitutioni eiusdem adulescentis et aliis causis praeiudicatur.3

​Concerning the age of one who says that he is over twenty-five years old, proof must be made after due inquiry, because by that proof a prejudicial decision is made regarding the restoration to his original position of the same youth, as well as regarding other cases.

Syntax notes3 items
  1. 4.4.43.prannis uiginti quinque

    Ablative of comparison, dependent on the comparative maiorem, meaning "than twenty-five years".

  2. 4.4.43.prcausa cognita

    Ablative absolute. It indicates the legal requirement of "after due inquiry" or "judicial investigation of the case" (causae cognitio).

  3. 4.4.43.prpraeiudicatur

    Impersonal passive of the intransitive verb praeiudicare, governing the datives restitutioni and causis. It means that this proof pre-judges (creates a binding precedent or prejudice for) the subsequent petition for restoration and other legal cases.

Translated by Gemini 3.5 Flash (published 2026-07-12) · Revision history (1, latest 2026-09-21)
  • 2026-09-21 AI review — note 1
urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.4.43.pr