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Justinian I · The Digest of Justinian §26.1.4.pr-26.1.4.1

Scope of General Curatorship and Modes of Appointment

Passage 3732 of 9271 · Latin

Summary

Paulus explains the rule that a curator appointed without limitation applies to the whole lawsuit, using the example of divisive or boundary actions, and outlines the flexible combinations of curators and wards for one or more lawsuits.

[PAULUS libro octauo ad Sabinum. ] §26.1.4.prQuod dicitur, si indistincte datus sit curator, in totam litem datum uideri, fortasse eo spectet, si familiae herciscundae aut communi diuidundo aut finium regundorum actio esset cum tutore, et si indistincte datus esset, non solum eo nomine curator esset, quod ageret pupillus pupillaue, sed inuicem quoque quod cum his ageretur.
[PAULUS, On Sabinus, Book 8.] What is said, that if a curator is given without distinction, he is considered given for the whole lawsuit, perhaps refers to this: if there were an action for division of an inheritance, or for division of common property, or for regulation of boundaries, with a guardian, and if he were given without distinction, he would be curator not only on that account, that the male or female ward is suing, but also conversely, that a suit is being brought against them.
§26.1.4.1Possunt autem uel plures in plurium locum uel unus in plurium uel unus unius loco uel in unam litem uel in plures curator peti.
Furthermore, curators can be requested, either several in the place of several, or one in the place of several, or one in the place of one, or for one lawsuit, or for several.

Notes

  1. §26.1.4.prQuod dicitur — A noun clause introduced by the relative pronoun quod, functioning as the subject of the main clause. It refers to the doctrine of Servius mentioned in the preceding section (§26.1.3.4) that a curator given without limitation is considered appointed for all disputes.
  2. §26.1.4.preo nomine ... quod ageret ... quod ... ageretur — The two clauses introduced by the conjunction quod (quod ageret... and quod... ageretur) are noun clauses of fact in apposition explaining the specific content of the demonstrative pronoun eo (in the phrase eo nomine), meaning 'on the account that...'. The subjunctive mood (ageret, ageretur) is used to express the hypothetical or subjective circumstance under indirect discourse.

Cite this passage

Justinian I, The Digest of Justinian §26.1.4.pr-26.1.4.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.1.4.pr-26.1.4.1

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