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Justinian I · The Digest of Justinian §26.1.11.pr

Appointment of a Person of Unsound Mind as Guardian

Passage 3739 of 9271 · Latin

Summary

Regarding the appointment of a person of unsound mind as a guardian, it is established that the appointment is understood to take effect once they regain their sanity.

[PAULUS libro tertio ad Uitellium. ] §26.1.11.prFuriosus si tutor datus fuerit, potest intellegi ita dari, cum suae mentis esse coeperit.
[PAULUS, On Vitellius, Book 3.] If a person of unsound mind has been appointed as a guardian, it can be understood that he is appointed in such a way as to take effect when he begins to be of sound mind.

Notes

  1. §26.1.11.prsuae mentis esse — The genitive phrase suae mentis is used predicatively with the verb esse (genitive of quality or characteristic), meaning "to be of one's own mind" or "to be of sound mind," referring to the state of the subject (furiosus).
  2. §26.1.11.prita dari, cum... — Although dari is a present passive infinitive (functioning as the infinitive in the accusative-and-infinitive construction governed by intellegi), the adverb ita looks forward to the following cum clause (with the future perfect coeperit), implying a conditional or future sense: "that he is appointed on the condition/at the time when he begins to be of sound mind."

Cite this passage

Justinian I, The Digest of Justinian §26.1.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.1.11.pr

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