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Justinian I · The Digest of Justinian §14.3.9.pr

Appointment of a Manager by a Ward with Tutor's Authority

Passage 2208 of 9271 · Latin

Summary

Explains that if a ward himself appoints a manager, he will be contractually bound if the appointment was made with his tutor's authority, but not otherwise.

[ULPIANUS libro uicensimo octaouo ad edictum. ] §14.3.9.prUerum si ipse pupillus praeposuerit, si quidem tutoris auctoritate, obligabitur, si minus, non.
[ULPIAN from the twenty-eighth book on the Edict.] But if the ward himself has made the appointment, he will be bound if it was indeed with the authority of his tutor; if not, he will not.

Notes

  1. §14.3.9.prsi quidem tutoris auctoritate — There is an ellipsis of the verb praeposuerit. The word auctoritate is an ablative of means or attendant circumstance, denoting the tutor's formal authorization which validates the ward's act.
  2. §14.3.9.prsi minus — An idiomatic expression meaning "if not" (i.e., "if he appointed without the tutor's authority"). The phrase tutoris auctoritate praeposuerit is omitted after it, and the verb obligabitur is likewise omitted after the subsequent non.
  3. §14.3.9.probligabitur — The future passive third-person singular of obligo (to bind). The subject is the ward (pupillus), indicating that he will incur a legal obligation (debt) as a consequence of the contract.

Cite this passage

Justinian I, The Digest of Justinian §14.3.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.3.9.pr

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