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Justinian I · The Digest of Justinian §11.2.2.pr

Referral of Co-Tutors to the Same Judge

Passage 1770 of 9271 · Latin

Summary

This section states that when one of several tutors is sued due to the unsuitability of the others, all of them are referred to the same judge upon the defendant's request, a rule established by imperial rescripts.

[PAPINIANUS libro secundo quaestionum. ] §11.2.2.prCum ex pluribus tutoribus unus, quod ceteri non sint idonei, conuenitur, postulante eo omnes ad eundem iudicem mittuntur: et hoc rescriptis principum continetur.
[PAPINIAN, from the second book of Questions.] When one of several tutors is sued because the others are not suitable, upon his request, all of them are sent before the same judge; and this is contained in the rescripts of the emperors.

Notes

  1. §11.2.2.prquod ceteri non sint idonei — The subjunctive `sint` indicates that the reason is presented not as an objective fact asserted by the author, but as a subjective allegation or the ground upon which the suit is brought ("on the ground that the others are not suitable").
  2. §11.2.2.prpostulante eo — An ablative absolute construction consisting of the present participle `postulante` and the pronoun `eo`. `eo` refers to the sued tutor (`unus` in the preceding clause).

Cite this passage

Justinian I, The Digest of Justinian §11.2.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.2.2.pr

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