[PAULUS libro singulari de cognitionibus. ] §26.3.9.pruel cum fisco aliquem contractum damnosum miscuissent,
[PAULUS, from the single book on Extraordinary Cognitions.] or if they had entered into some damaging contract with the treasury,
Justinian I · The Digest of Justinian §26.3.9.pr
Adverse Contracts with the Treasury and Confirmation
Summary
This section mentions the case where the appointed tutors had entered into a disadvantageous contract with the treasury, as an additional circumstance for the praetor to question the survival of the father's will.
Notes
- §26.3.9.prcum fisco aliquem contractum damnosum miscuissent — cum is not a conjunction, but a preposition with the ablative noun fisco, meaning "with the treasury". miscuissent is the third-person plural pluperfect subjunctive of miscere (to mix, involve, or enter into), whose subject is the "tutors" appointed by the father mentioned in the preceding fragment (fragment 8). As a result of weaving together excerpts from different jurists, this clause functions in subjunctive coordination with the conditional clause introduced by si in the previous chunk.
Cite this passage
Justinian I, The Digest of Justinian §26.3.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.3.9.pr
Please note the AI-draft status of the translation and the date accessed.
Translation, notes and summary are AI-generated drafts, revised through reader feedback.