Humanitext Reader

Justinian I · The Digest of Justinian §26.3.4.pr

Tutor Appointed by a Stranger for a Minor Heir

Passage 3784 of 9271 · Latin

Summary

Discusses a case where a patron or stranger appoints a tutor for a minor made heir, stating that if the ward has no other property, the designator's judgment should be respected.

[PAULUS libro singulari de excusationibus tutelarum. ] §26.3.4.prSi patronus uel quiuis extraneus impuberi, quem heredem instituerit, tutorem dederit et extra ea nihil in bonis habeat pupillus, non male dicetur iudicium eius sequendum esse, qui et personam eius, quem tutorem esse uoluerit, nouerit et impuberem ita dilexit, ut eum heredem institueret.
[PAULUS, from the single book on excuses from guardianship.] If a patron or any stranger has appointed a tutor for a youth under puberty whom he has instituted as his heir, and the ward has no property other than those goods, it will not be incorrect to say that the judgment of him should be followed, who both knew the character of the person whom he wished to be tutor, and loved the youth under puberty so much that he instituted him as his heir.

Notes

  1. §26.3.4.prextra ea — The neuter plural accusative pronoun "ea" refers to the inherited property logically implied by the preceding phrase "heredem instituerit" (instituted as heir).
  2. §26.3.4.prnon male dicetur — The verb "dicetur" is used impersonally as a passive ("it will be said"), with the accusative-and-infinitive clause "iudicium eius sequendum esse" acting as its subject.
  3. §26.3.4.prqui et personam eius ... nouerit et impuberem ... dilexit — The antecedent of the relative pronoun "qui" is "eius", the genitive pronoun in "iudicium eius". In the relative clause, "nouerit" is perfect subjunctive (expressing cause or characteristic) and "dilexit" is perfect indicative, both functioning to provide the reason why his judgment should be followed.

Cite this passage

Justinian I, The Digest of Justinian §26.3.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.3.4.pr

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