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Justinian I · The Digest of Justinian §26.2.22.pr

Appointment of Another's Slave Believed to Be Free

Passage 3768 of 9271 · Latin

Summary

Provisions regarding the case where a testator appoints another's slave as tutor to his son, mistakenly believing the slave to be free, stating that the slave will become neither free nor a tutor.

[ULPIANUS libro quadragesimo quinto ad edictum. ] §26.2.22.prSi quis tutorem dederit filio suo seruum, quem putabat liberum esse, cum esset seruus, is neque liber neque tutor erit.
[ULPIAN, from the forty-fifth book on the Edict.] If anyone has appointed as tutor to his son a slave whom he believed to be free, whereas he was a slave, that person will be neither free nor a tutor.

Notes

  1. 26.2.22.prtutorem dederit ... seruum — The verb `dederit` (perfect active indicative or perfect subjunctive 3rd person singular of `dare`) takes a double accusative construction with `seruum` as the direct object and `tutorem` as the object complement, meaning "should appoint a slave as tutor".
  2. 26.2.22.prcum esset seruus — The conjunction `cum` is accompanied by the imperfect subjunctive `esset`, here expressing concession ("although he was a slave" or "whereas he was in fact a slave"), contrasting the objective reality with the subjective belief of the testator expressed by `putabat`.

Cite this passage

Justinian I, The Digest of Justinian §26.2.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.2.22.pr

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