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Justinian I · The Digest of Justinian §26.2.7.pr

Source of Tutor's Authority and Appointment of Heirs

Passage 3753 of 9271 · Latin

Summary

Paulus explains that tutors' authority derives directly from the testator rather than the heir, which justifies why the heir themselves or a tutor to take office after the heir's death can be legally appointed.

[PAULUS libro tertio ad Sabinum. ] §26.2.7.prTutores non ab herede, sed a testatore protinus proficiscuntur, simul atque aliquis heres exstitisset: nam et ipse heres tutor dari potest et post mortem heredis tutor recte dari potest.
[PAULUS, from the third book on Sabinus.] Tutors derive their authority directly from the testator, not from the heir, as soon as anyone has become heir; for even the heir himself can be appointed a tutor, and a tutor can rightly be appointed to take office after the death of the heir.

Notes

  1. §26.2.7.prexstitisset — Subjunctive pluperfect. In the temporal clause introduced by 'simul atque' (as soon as), it is used to express a hypothetical or future-perfect action (once someone has become heir) relative to the present main verb 'proficiscuntur'.
  2. §26.2.7.prpost mortem heredis — 'After the death of the heir'. This refers to the temporal limitation or condition under which a tutor can be appointed to take office after the initial heir (who may also be a tutor) dies.

Cite this passage

Justinian I, The Digest of Justinian §26.2.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.2.7.pr

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