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Justinian I · The Digest of Justinian §26.2.18.pr

Preference Between Multiple Tutors Offering Security

Passage 3764 of 9271 · Latin

Summary

It is stipulated that if multiple tutors offer security, the most suitable one should be preferred by comparing the character of the tutors themselves and that of their sureties.

[CALLISTRATUS libro tertio edicti monitorii. ] §26.2.18.prQuod si plures satisdare parati sint, tunc idonior praeferendus erit, ut et tutorum personae inter se et fideiussorum comparentur.
[CALLISTRATUS, from the third book on the Monitory Edict.] But if several are prepared to give security, then the more suitable one must be preferred, so that both the persons of the tutors themselves and those of their sureties may be compared with one another.

Notes

  1. §26.2.18.pridonior — A comparative adjective indicating that the "more suitable" candidate (relative to the others) is to be selected from among the multiple (plures) candidates offering security.
  2. §26.2.18.pret tutorum personae inter se et fideiussorum — Under the correlative structure of et ... et ..., both "the persons (personae) of the tutors" and "those of the sureties" (with personae understood after fideiussorum) are parallel. The phrase inter se (with one another) applies both to the comparison among the tutors and to that among their sureties.

Cite this passage

Justinian I, The Digest of Justinian §26.2.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.2.18.pr

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