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Justinian I · The Digest of Justinian §26.10.5.pr

Provision of Security and Suspect Tutor Accusations

Passage 3932 of 9271 · Latin

Summary

This section explains that a tutor can still be accused as suspect even if security has been given or offered, and that a co-tutor cannot be excused for failing to report his colleague's misconduct merely because security was in place.

[IDEM libro tertio disputationum. ] §26.10.5.prSuspectus fieri is quoque, qui satis dederit uel nunc offerat, potest: expedit enim pupillo rem suam saluam fore, quam tabulas rem saluam fore cautionis habere: nec ferendus est contutor, qui ideo collegam suum suspectum non fecit, quoniam cautum erat pupillo,
[THE SAME, Disputations, Book 3.] He also who has given security, or now offers it, can be accused as suspect; for it is more advantageous for a pupil that his property should be safe, than that he should have the documents of security that his property will be safe. Nor is a co-tutor to be tolerated who did not accuse his colleague as suspect for the reason that security had been given for the pupil.

Notes

  1. §26.10.5.prrem suam saluam fore, quam tabulas rem saluam fore cautionis habere — Two clauses serving as the subject of the impersonal verb `expedit` are compared by `quam`. The first is the accusative and infinitive clause `rem suam saluam fore` (that his property should be safe), and the second is the infinitive phrase `tabulas ... habere` (to have the documents...). `tabulas cautionis` means 'documents of security,' and the nested clause `rem saluam fore` functions appositively to describe the contents of the security (that the property will be safe).
  2. §26.10.5.prsuspectum non fecit — `collegam suum suspectum facere` is an idiomatic expression referring to the legal procedure of accusing or reporting a co-tutor (colleague) as suspect (suspecti postulatio) before the court.

Cite this passage

Justinian I, The Digest of Justinian §26.10.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.10.5.pr

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