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Justinian I · The Digest of Justinian §14.4.4.pr

Liability for Fraud by a Former Ward or Recovered Person

Passage 2223 of 9271 · Latin

Summary

Paulus explains that if a ward (whose tutor had knowledge of the trade) after reaching majority, or a person of unsound mind after recovering sanity, commits fraud, they are held liable under this Edict.

[PAULUS libro trigensimo ad edictum. ] §14.4.4.prSi pupillus, cuius tutor scierit, pubes factus uel furiosus sanae mentis dolum admittant, tenentur ex hoc edicto.
[PAULUS, from the thirtieth book on the Edict.] If a ward, whose tutor was aware, having become of age, or a person of unsound mind, being of sound mind, should commit fraud, they are held liable under this Edict.

Notes

  1. 14.4.4.prsanae mentis — A genitive of quality (genitivus qualitatis) modifying the preceding noun `furiosus` ("a person of unsound mind"). Literally meaning "of sound mind," it functions as an adjectival phrase indicating that the person has recovered their sanity.
  2. 14.4.4.pradmittant — Although the subjects `pupillus` and `furiosus` are singular nouns connected by `uel` ("or"), the verb `admittant` (as well as `tenentur` in the main clause) is in the plural, as the rule applies to both cases individually or collectively.

Cite this passage

Justinian I, The Digest of Justinian §14.4.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.4.4.pr

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