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Justinian I · The Digest of Justinian §2.14.44.pr

Obligation of a Creditor-Tutor to Accept Agreed Reduction

Passage 410 of 9271 · Latin

Summary

When a pupil was about to abstain from his father's estate, the tutor negotiated a settlement with the creditors; it is asked whether the tutor, who is also himself a creditor, must accept the same proportional reduction, and the answer is that he must.

[SCAEUOLA libro quinto responsorum. ] §2.14.44.prCum in eo esset pupillus, ut ab hereditate patris abstineretur, tutor cum plerisque creditoribus decidit, ut certam portionem acciperent: idem curatores cum aliis fecerunt.
[SCAEUOLA, Responses, book 5] When a pupil was in such a position that he was to abstain from his father's inheritance, the tutor agreed with most of the creditors that they should receive a certain portion; the curators did the same with the others.
quaero, an et tutor idemque creditor patris eandem portionem retinere debeat.
I ask whether the tutor, who was at the same time a creditor of the father, ought to retain the same portion.
respondi eum tutorem, qui ceteros ad portionem uocaret, eadem parte contentum esse debere.
I answered that the tutor, who invited the others to the portion, ought to be content with the same part.

Notes

  1. §2.14.44.prin eo esset... ut — The impersonal phrase `in eo esse ut...` means "to be on the point of doing" or "to be in such a situation that...". Here it indicates that the pupil was on the verge of abstaining from his deceased father's insolvent estate.
  2. §2.14.44.prabstineretur — Passive of the verb `abstinere`. Here it is used in a reflexive or passive sense meaning "to abstain (from the inheritance)". It refers to the legal remedy (*beneficium abstinendi*) by which a pupil was protected from an insolvent estate.
  3. §2.14.44.pruocaret — Subjunctive imperfect. It is used because the relative clause (*qui... uocaret*) is subordinate to an indirect statement (the accusative and infinitive construction introduced by *respondi*).

Cite this passage

Justinian I, The Digest of Justinian §2.14.44.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.44.pr

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