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Justinian I · The Digest of Justinian §26.2.34.pr

Addition of Tutors by Codicil and Status of Prior Appointees

Passage 3780 of 9271 · Latin

Summary

Scaevola addresses whether surviving and unexcused tutors appointed by a testament remain in office when the testator, upon learning of the death or excuse of some tutors, appoints others by a codicil, and answers in the affirmative.

[SCAEUOLA libro decimo digestorum. ] §26.2.34.prCum codicillis ideo alios tutores dare significasset, quoniam testamento datos quosdam defunctos aut excusationem habere posse comperisset, an nihilo minus qui eorum uiuerent nec excusati essent, tutores permanerent? respondit nihil proponi, cur non permanerent.
[SCAEUOLA, from the tenth book of digests.] When a testator, because he had found out that certain tutors appointed by the testament had died or could have an excuse, had indicated by a codicil that he was appointing other tutors, would those of them who were alive and had not been excused nevertheless remain tutors? He answered that nothing was put forward why they should not remain.

Notes

  1. §26.2.34.prideo ... quoniam — The adverb ideo ('for this reason') anticipates the following causal clause introduced by quoniam ('since'), serving to emphasize the reason.
  2. §26.2.34.prdefunctos — This is a perfect infinitive with the auxiliary verb esse omitted (defunctos esse) within the accusative and infinitive (A.C.I.) construction governed by the verb of cognition comperisset, with quosdam serving as its subject.
  3. §26.2.34.prnihil proponi, cur non permanerent — An accusative and infinitive clause (nihil proponi) depending on respondit, where proponi is a present passive infinitive. cur is a relative adverb introducing a subjunctive clause (permanerent, imperfect by sequence of tenses) modifying nihil, meaning 'nothing is put forward as to why they should not remain'.

Cite this passage

Justinian I, The Digest of Justinian §26.2.34.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.2.34.pr

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