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Justinian I · The Digest of Justinian §26.3.2.pr-26.3.2.1

Confirmation of Tutors Appointed by a Mother's Will

Passage 3782 of 9271 · Latin

Summary

It explains that if a mother appoints a tutor or curator for her children in an unlawful manner by a will, they will be confirmed by magistrates after an inquiry, and the tutor is exempt from giving security.

[NERATIUS libro tertio regularum. ] §26.3.2.prMulier liberis non recte testamento tutorem dat: sed si dederit, decreto praetoris uel proconsulis ex inquisitione confirmabitur nec satisdabit pupillo rem saluam fore.
[NERATIUS, from the third book of rules.] A woman does not lawfully appoint a tutor for her children by a will; but if she has appointed one, he will be confirmed by a decree of the praetor or proconsul after an inquiry, and he shall not give security to the pupil that the property will be safe.
§26.3.2.1Sed et si curator a matre testamento datus sit filiis eius, decreto confirmatur ex inquisitione.
But also, if a curator has been appointed by a mother by a will for her children, he is confirmed by a decree after an inquiry.

Notes

  1. §26.3.2.prconfirmabitur nec satisdabit — The subject of these future-tense verbs is `tutor` (the tutor), which is implied as the object of the preceding conditional clause `si dederit` (whose subject is `mulier`). Note the shift of subject in the sentence.
  2. §26.3.2.prrem saluam fore — An accusative-with-infinitive clause meaning "that the property will be safe," serving as the object expressing the content of the verb `satisdabit` (will give security). `fore` is an alternative form of the future infinitive `futurum esse`, and `pupillo` is the dative governed by `satisdare`.

Cite this passage

Justinian I, The Digest of Justinian §26.3.2.pr-26.3.2.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.3.2.pr-26.3.2.1

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