Humanitext Reader

Justinian I · The Digest of Justinian §14.3.7.pr-14.3.7.2

Ratification of Managers and Qualifications of Parties

Passage 2206 of 9271 · Latin

Summary

Discusses the effect of the principal ratifying a manager appointed by an unauthorized administrator of their affairs, and explains that the gender, status (free or slave), or wardship of the manager or the appointer does not affect the availability of the institorian action.

[ULPIANUS libro uicensimo octauo ad edictum. ] §14.3.7.prSed et si quis meam rem gerens praeposuerit et ratum habuero, idem erit dicendum.
[ULPIANUS from the twenty-eighth book on the Edict.] But also, if someone managing my affairs has appointed a manager and I have ratified it, the same must be said.
§14.3.7.1Parui autem refert, quis sit institor, masculus an femina, liber an seruus proprius uel alienus.
Moreover, it matters little who the manager is, whether male or female, free, or one's own or another's slave.
item quisquis praeposuit: nam et si mulier praeposuit, competet institoria exemplo exercitoriae actionis et si mulier sit praeposita, tenebitur etiam ipsa.
Likewise, whoever made the appointment; for even if a woman made the appointment, the institorian action will lie, after the example of the exercitorian action; and if a woman is appointed, she herself will also be bound.
sed et si filia familias sit uel ancilla praeposita, competit institoria actio.
But even if a daughter-in-power or a female slave is appointed, the institorian action lies.
§14.3.7.2Pupillus autem institor obligat eum, qui eum praeposuit, institoria actione, quoniam sibi imputare debet, qui eum praeposuit.
Moreover, a ward as manager binds the person who appointed him by the institorian action, since he who appointed him ought to blame himself.

Notes

  1. §14.3.7.prmeam rem gerens — The present participle gerens modifies quis, referring to someone who manages my affairs (akin to a negotiorum gestor). This conditional clause describes a situation where an unauthorized person appoints a manager, and the principal later ratifies (ratum habuero) this appointment, making it legally effective.
  2. §14.3.7.1parui refert — The genitive of value parui is used with the impersonal verb refert, meaning 'it matters little' or 'it is of small importance.' The subject of this impersonal verb is the subsequent indirect question clause quis sit institor and what follows.
  3. §14.3.7.2sibi imputare debet — Accompanied by the dative sibi, this phrase means 'ought to impute the blame to himself' (i.e., has only himself to blame). It expresses the principle of self-responsibility: a principal who knowingly appoints a ward (whose capacity is restricted) as a manager must bear the legal consequences of that choice.

Cite this passage

Justinian I, The Digest of Justinian §14.3.7.pr-14.3.7.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.3.7.pr-14.3.7.2

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