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Justinian I · The Digest of Justinian §26.2.5.pr

Extension of Tutor Appointment to a Posthumous Daughter

Passage 3751 of 9271 · Latin

Summary

Ulpian explains that if someone appoints tutors for their children, this appointment is deemed to extend to a posthumous daughter, as she is legally included under the term "daughter".

[ULPIANUS libro quinto decimo ad Sabinum. ] §26.2.5.prSi quis filiabus suis uel filiis tutores dederit, etiam postumae uidetur dedisse, quia filiae appellatione etiam postuma continetur.
[ULPIANUS, from the fifteenth book on Sabinus.] If anyone has appointed tutors for his daughters or his sons, he is deemed to have appointed them for a posthumous daughter as well, because a posthumous daughter is also included under the designation of "daughter".

Notes

  1. 26.2.5.prpostumae — Feminine singular dative substantival use of the adjective postumus, -a, -um ('posthumous'). It functions as the indirect object of the infinitive dedisse (from dare, which governs the dative). Note that uidetur is used in a personal construction ('he is deemed to have...'), meaning that the implied subject of dedisse is the general subject of the condition, quis.
  2. 26.2.5.prfiliae — Genitive singular, acting as a genitive of definition or apposition with appellatione ('by the designation of "daughter"', ablative).

Cite this passage

Justinian I, The Digest of Justinian §26.2.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.2.5.pr

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