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Justinian I · The Digest of Justinian §22.3.11.pr

Burden of Proof on the Inadequacy of a Tutor's Guarantors

Passage 3229 of 9271 · Latin

Summary

This section explains that the burden of proving that the guarantors provided on behalf of a tutor were unsuitable does not lie with the pupil, but with those whose duty it was to ensure the pupil's security.

[CELSUS libro undecimo digestorum. ] §22.3.11.prNon est necesse pupillo probare fideiussores pro tutore datos, eum accipiebantur, idoneos non fuisse: nam probatio exigenda est ab his, quorum officii fuit prouidere, ut pupillo caueretur.
[CELSUS, in the eleventh book of the Digests.] It is not necessary for a pupil to prove that the guarantors given on behalf of a tutor were not solvent when they were accepted; for proof must be demanded from those whose duty it was to foresee that the pupil should be secured.

Notes

  1. §22.3.11.preum accipiebantur — The reading `eum` in the text is understood as a scribal error for the conjunction `cum` ("when"). The subject of the passive verb `accipiebantur` is the preceding `fideiussores` (the guarantors).
  2. §22.3.11.prquorum officii fuit — The genitive `officii` (genitive singular of `officium`) is used with the copula `fuit` to form a genitive of duty or property ("it was the duty of..."). The antecedent of the relative pronoun `quorum` is `his`.
  3. §22.3.11.prut pupillo caueretur — Since the intransitive verb `cavere` (to provide security) governs the dative (`pupillo`), its passive form is used impersonally (third-person singular), meaning "that security should be provided for the pupil." This `ut`-clause serves as the object clause dependent on the subject infinitive `prouidere`.

Cite this passage

Justinian I, The Digest of Justinian §22.3.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.3.11.pr

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