- 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-lat1:4.4.48.pr-4.4.48.2
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-08
This section determines the legal effects of a minor's restoration to their original condition, stating that it does not release the principal debtor, providing a compensatory action if a sold slave has been manumitted, and allowing the revocation of an unfavorable dotal agreement.
[PAULUS libro primo sententiarum.]
[PAULUS, in the first book of Opinions.]
Minor se in id, quod fideiussit uel mandauit, in integrum restituendo1 reum principalem non liberat.
A minor, by restoring himself to his original condition in respect of that for which he became a surety or gave a mandate, does not release the principal debtor.
Minor ancillam uendidit: si eam emptor manumiserit, ob hoc in integrum restitui non poterit, sed aduersus emptorem quanti sua interest2 actionem habebit.
A minor sold a female slave. If the buyer has manumitted her, the minor cannot be restored to his original condition on this account, but he will have an action against the buyer for the amount of his interest.
Mulier minor uiginti quinque annis si pactione dotis deterior condicio eius fiat et tale pactum inierit, quod numquam maioris aetatis constitutae3 paciscerentur, atque ideo reuocare uelit: audienda est.
If a woman under twenty-five years of age has her condition worsened by a dotal agreement, and has entered into such an agreement as women of full age would never have made, and for this reason wishes to revoke it, she must be heard.
- 4.4.48.prse ... restituendo
A gerund in the ablative case, taking the reflexive pronoun se as its direct object, expressing the means or method of the subject minor ("by restoring himself").
- 4.4.48.1quanti sua interest
Consists of the genitive of value quanti used with the impersonal verb interest and the feminine ablative singular possessive pronoun sua. It refers to the monetary value of the interest or loss the minor suffered, which she can claim in the action since the slave cannot be recovered in specie.
- 4.4.48.2maioris aetatis constitutae
constitutae is a participle modifying maioris aetatis ("those of full age"). Grammatically, it acts as the logical subject of the imperfect subjunctive paciscerentur (in the plural), referring to women of full age who would never agree to such terms.