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Justinian I · The Digest of Justinian §26.2.3.pr-26.2.3.1

Appointment of Guardians by Codicil and Requirements of Law

Passage 3749 of 9271 · Latin

Summary

Regarding the appointment of tutors by will, this passage specifies that those designated in codicils confirmed by a will are also accepted, while emphasizing that only those appointed in accordance with the law can be recognized as such.

[IDEM libro trigesimo quinto ad edictum. ] §26.2.3.prTestamento datos tutores accipere debemus etiam eos, qui codicillis testamento confirmatis scripti sunt.
[THE SAME AUTHOR, from the thirty-fifth book on the Edict.] We ought to accept as tutors appointed by will even those who are written in codicils confirmed by a will.
§26.2.3.1Sed eos demum testamento datos accipere nos oportet, qui iure dati sunt.
But it is proper for us to accept as appointed by will only those who have been appointed lawfully.

Notes

  1. §26.2.3.prtestamento datos tutores — This phrase functions as a predicate accusative with the verb accipere (to accept, to recognize), qualifying the direct object eos (those who...) as 'tutors appointed by will'.
  2. §26.2.3.prcodicillis testamento confirmatis — The noun testamento is an ablative of means modifying the perfect passive participle confirmatis. The word codicillis (codicils) is in the ablative case, expressing the place or means: 'in codicils confirmed by a will'.
  3. §26.2.3.1eos demum ... qui — The adverb demum restricts the preceding pronoun eos, forming the restrictive meaning 'only those who...'. The relative clause qui iure dati sunt (who have been appointed lawfully) defines the scope of this restriction.

Cite this passage

Justinian I, The Digest of Justinian §26.2.3.pr-26.2.3.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.2.3.pr-26.2.3.1

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