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Justinian I · The Digest of Justinian §12.2.17.pr-12.2.17.3

Extrajudicial Oaths and Validity Through Representatives

Passage 1914 of 9271 · Latin

Summary

This section regulates the effect of an oath tendered outside of court, the requirements for a ward to tender an oath, and the validity of oaths tendered by tutors, curators, or procurators.

[PAULUS libro octauo decimo ad edictum. ] §12.2.17.prIusiurandum, quod ex conuentione extra iudicium defertur, referri non potest.
[PAULUS, Book XVIII on the Edict.] An oath, which is tendered by agreement outside of court, cannot be referred back.
§12.2.17.1Pupillus tutore auctore iusiurandum deferre debet: quod si sine tutore auctore detulerit, exceptio quidem obstabit, sed replicabitur, quia rerum administrandarum ius ei non competit.
A ward ought to tender an oath with the authority of his tutor; but if he tenders it without the authority of his tutor, an exception indeed will stand in the way, but a replication will be made, because the right of administering property does not belong to him.
§12.2.17.2Si tutor qui tutelam gerit aut curator furiosi prodigiue iusiurandum detulerit, ratum id haberi debet: nam et alienare res et solui eis potest et agendo rem in iudicium deducunt.
If a tutor who administers a tutelage, or a curator of an insane person or a prodigal, has tendered an oath, it ought to be held valid; for they can both alienate property, and payment can be made to them, and by bringing an action they bring the matter into court.
§12.2.17.3Procurator quoque quod detulit ratum habendum est, scilicet si aut uniuersorum bonorum administrationem sustinet aut si id ipsum nominatim mandatum sit aut si in rem suam procurator sit:
What a procurator has tendered must also be held valid, namely, if he either has the administration of all the property, or if this very thing has been specifically mandated, or if he is a procurator in his own interest:

Notes

  1. §12.2.17.1tutore auctore — An ablative absolute consisting of the nouns tutor (tutor) and auctor (authorizer), with the present participle of the verb "to be" omitted. It means "with the tutor being the authorizer," i.e., "with the authority of the tutor."
  2. §12.2.17.2solui eis potest — A combination of the impersonally used verb potest and the present passive infinitive solui (to be paid). eis (to them) is in the dative case. Literally, "it is possible for payment to be made to them," indicating that tutors or curators have the authority to receive payments on behalf of the ward, etc.
  3. §12.2.17.3quod detulit — A relative clause introduced by the relative pronoun quod (neuter singular accusative), where the noun that should be the subject of the main clause (e.g., iusiurandum, "oath") is omitted as an antecedent. It means "what (the procurator) has tendered."

Cite this passage

Justinian I, The Digest of Justinian §12.2.17.pr-12.2.17.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.2.17.pr-12.2.17.3

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