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Justinian I · The Digest of Justinian §26.10.10.pr

Exemption of Removed Guardians from Future Liability

Passage 3937 of 9271 · Latin

Summary

Explains that a tutor or curator removed as suspect by a praetorian decree does not bear liability for the period after removal, as it would be inequitable to remove them without securing them from future risks.

[PAPINIANUS libro duodecimo quaestionum. ] §26.10.10.prDecreto praetoris ut suspectus remotus periculum futuri temporis non timet: iniquum enim uidetur remoueri quidem a tutela uel cura, in futurum autem non esse securum.
[PAPINIANUS, Questions, book 12.] A person who has been removed by a decree of the praetor as suspected does not fear the risk of future time; for it seems inequitable to indeed be removed from tutelage or curatorship, but not to be secure for the future.

Notes

  1. §26.10.10.prut suspectus remotus — remotus (one who has been removed) is a perfect passive participle in the masculine nominative singular used substantively (or with an implied subject pronoun is). ut suspectus (as suspected) functions adverbially to indicate the capacity or basis on which the person is removed.
  2. §26.10.10.priniquum enim uidetur — uidetur is used impersonally ('it seems'), taking the two contrasted infinitive clauses remoueri quidem... non esse securum as its subject. The adjective securum (masculine accusative singular of securus) is in the accusative because it agrees with the implied subject of the infinitive clause (the removed person), which is conceptualized in the accusative (accusative with infinitive structure).

Cite this passage

Justinian I, The Digest of Justinian §26.10.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.10.10.pr

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