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Justinian I · The Digest of Justinian §26.3.3.pr

Confirmation and Security Exemption for Father-Appointed Tutors

Passage 3783 of 9271 · Latin

Summary

It states that a person appointed as tutor by his father, even if under an invalid will or not in accordance with the law, must be confirmed with an exemption from giving security, just like a lawful testamentary tutor.

[IULIANUS libro uicesimo primo digestorum. ] §26.3.3.prQui a patre tutor scriptus est aut non iusto testamento aut non ut lege praecipiebatur, confirmandus est ad tutelam gerendam perinde ac si ex testamento tutor esset, id est ut satisdatio ei remittatur.
[JULIANUS, from the twenty-first book of digests.] He who has been appointed tutor by his father, either under an invalid will or not in the manner prescribed by law, must be confirmed to administer the guardianship just as if he were a testamentary tutor, that is, so that the giving of security is remitted to him.

Notes

  1. §26.3.3.prperinde ac si ... esset — A conditional comparison clause with the subjunctive imperfect (esset), meaning "just as if...". Although in reality he is not a lawful testamentary tutor due to the invalidity of the will or deviation from the statutory method, once confirmed, he is legally treated as if he were one (i.e., exempted from giving security).
  2. §26.3.3.prid est ut satisdatio ei remittatur — The ut-clause (with the present subjunctive remittatur) functions as an appositive noun clause explaining the legal consequence or specific content of "confirmandus est" (he must be confirmed) via "id est" (that is), or as a clause of result/purpose, indicating the exemption from giving security.

Cite this passage

Justinian I, The Digest of Justinian §26.3.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.3.3.pr

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