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Justinian I · The Digest of Justinian §26.2.25.pr

Exemption from One Pupillary Tutelage and Retention of Another

Passage 3771 of 9271 · Latin

Summary

Explains that a tutor appointed to two pupils remains the tutor of one even if he is excused from the tutelage of the other due to the separation of their assets.

[MODESTINUS libro quarto pandectarum. ] §26.2.25.prDuobus pupillis tutor datus etsi alterius tutela se excusare potest, cum res separatae sint, attamen alterius tutor manet.
[MODESTINUS, from the fourth book of the Pandects.] A tutor appointed to two pupils, even if he can excuse himself from the tutelage of one of them since their assets are separate, nevertheless remains the tutor of the other.

Notes

  1. §26.2.25.prDuobus pupillis tutor datus — datus (appointed) is a perfect passive participle modifying tutor, forming the subject. Duobus pupillis is the dative of indirect object governed by datus.
  2. §26.2.25.pralterius tutela se excusare — se excusare is a reflexive expression meaning "to excuse oneself," taking the ablative of separation tutela. alterius (genitive singular of alter) refers to "one" of the two pupils.
  3. §26.2.25.prcum res separatae sint — cum is a causal conjunction taking the subjunctive sint. res here means "property" or "estates," indicating that the assets of the two pupils are administered separately. This clause explains the logical basis for why the tutor can excuse himself from only one of the tutelages.

Cite this passage

Justinian I, The Digest of Justinian §26.2.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.2.25.pr

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