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Justinian I · The Digest of Justinian §1.7.8.pr

Change in the Requirement of Curator Consent in Adrogation

Passage 110 of 9271 · Latin

Summary

It records that the previous rule, which did not require the authority of a curator in an adrogation, was rightly changed under the Emperor Claudius.

[MODESTINUS libro secundo regularum. ] §1.7.8.prQuod ne curatoris auctoritas intercederet in adrogatione ante tenuerat, sub diuo Claudio recte mutatum est.
[MODESTINUS in the second book of Rules.] The rule which had previously held, namely that the authority of a curator should not intervene in an adrogation, was rightly changed under the deified Claudius.

Notes

  1. §1.7.8.prQuod ... ante tenuerat — "quod" is a relative pronoun introducing a noun clause that serves as the subject of the main verb "mutatum est". "tenuerat" (pluperfect of tenere) is used here in an intransitive or impersonal sense meaning "had held" or "had prevailed", with the "ne" clause detailing its substance.
  2. §1.7.8.prne curatoris auctoritas intercederet — A clause consisting of "ne" + imperfect subjunctive ("intercederet"). The imperfect subjunctive is used in accordance with the sequence of tenses (consecutio temporum), dependent on the pluperfect "tenuerat". It expresses the content of the old rule under which the authority of a curator was not required to intervene in an adrogation.

Cite this passage

Justinian I, The Digest of Justinian §1.7.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.8.pr

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