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Justinian I · The Digest of Justinian §26.4.8.pr

Joint Tutelage by Brother and Grandson of Equal Degree

Passage 3799 of 9271 · Latin

Summary

Explains that if a deceased leaves a minor son, a brother, and a grandson by another son, both the brother and the grandson become tutors, provided they are of full age, since they are in the same degree of kinship.

[PAULUS libro trigesimo octauo ad edictum. ] §26.4.8.prSi reliquero filium impuberem et fratrem et nepotem ex alio filio, constat utrosque esse tutores, si perfectae aetatis sunt, quia eodem gradu sunt.
[PAULUS, from the thirty-eighth book on the Edict.] If I leave a minor son, a brother, and a grandson by another son, it is established that both are tutors, if they are of full age, because they are in the same degree of kinship.

Notes

  1. §26.4.8.prutrosque — Accusative subject of the accusative-with-infinitive (AcI) construction. It refers to the two prospective tutors, namely the "brother" (fratrem) and the "grandson by another son" (nepotem ex alio filio), excluding the minor son (filium impuberem) who is the ward.
  2. §26.4.8.prperfectae aetatis — Genitive of quality (genitivus qualitatis) functioning as a predicate with sunt, meaning "of full age" or "attained majority".
  3. §26.4.8.preodem gradu — Ablative of manner or respect, indicating the position in the degree of kinship. From the perspective of the deceased, both the brother (second degree via the father) and the grandson by a deceased son (second degree via the son) belong to the same second degree of agnatic relationship.

Cite this passage

Justinian I, The Digest of Justinian §26.4.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.4.8.pr

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