- 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-lat1:5.1.45.pr-5.1.45.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
On the venue for suing a banker and granting delays to bring account books, and the obligation of a ward's curators to satisfy a judgment at Rome where the mother contracted the debt.
[IDEM libro tertio responsorum.]
[THE SAME, Opinions, Book III.]
Argentarium ubi contractum est conueniri1 oportet nec in hoc dilationem nisi ex iusta causa dari, ut ex prouincia codices adferantur.2 idem in actione tutelae placuit.
A banker ought to be sued where the contract was made, and no delay should be granted in this matter unless for a just cause, such as that his account books be brought from a province. The same has been decided in an action of guardianship.
Nomine puellae tutoribus in prouincia condemnatis3 curatores puellae iudicatum Romae facere coguntur, ubi mutuam pecuniam mater accepit, cui filia heres exstitit.4
When the guardians have been condemned in a province in the name of a girl, the curators of the girl are compelled to satisfy the judgment at Rome, where the mother, to whom the daughter succeeded as heir, received the loan.
- 5.1.45.prconueniri
The passive infinitive of conuenire, meaning here "to be sued" or "to be summoned as a defendant." It forms part of the accusative and infinitive construction with argentarium as the subject, governed by the impersonal verb oportet.
- 5.1.45.prut ex prouincia codices adferantur
A subjunctive clause introduced by the conjunction ut (adferantur is present passive subjunctive), explaining or specifying the "iusta causa" (just cause). codices refers to the accounting ledgers or registers kept by the banker (argentarius).
- 5.1.45.1tutoribus in prouincia condemnatis
An ablative absolute consisting of the noun tutoribus and the perfect passive participle condemnatis. It establishes the condition or background: "when the guardians had been condemned (in a province)." Note the contrast with curatores (curators), implying a transition in the guardianship/curatorship of the girl as she grew older.
- 5.1.45.1cui filia heres exstitit
The relative pronoun cui (feminine dative singular) refers back to the antecedent mater. The phrase heres exsistere with a dative is an idiomatic expression meaning "to succeed as heir to someone," here meaning "to whom (the mother) the daughter succeeded as heir."