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Justinian I · The Digest of Justinian §26.4.9.pr

Priority of Kinship Degree in Agnate Tutelage

Passage 3800 of 9271 · Latin

Summary

This text states the rule for who becomes a tutor when there are multiple agnates, prioritizing the closest degree of kinship and providing for joint tutelage if multiple agnates are in the same degree.

[GAIUS libro duodecimo ad edictum prouinciale. ] §26.4.9.prSi plures sunt adgnati, proximus tutelam nanciscitur et, si eodem gradu plures sint, omnes tutelam nanciscuntur.
[GAIUS, from the twelfth book on the Provincial Edict.] If there are several agnates, the closest one obtains the tutelage, and if there are several in the same degree of kinship, all of them obtain the tutelage.

Notes

  1. §26.4.9.pradgnati — Refers to relatives through the male line (agnatio) who are, or would have been, under the power (patria potestas) of the same father of the family (pater familias). In Roman law, statutory tutelage (tutela legitima) was assigned according to the order of these agnates.
  2. §26.4.9.prsunt ... sint — In the first conditional clause (si plures sunt), the indicative present (sunt) is used, whereas in the second conditional clause (si ... plures sint), the subjunctive present (sint) is employed. This variation shows that in the Latin of classical and post-classical jurists, the strict distinction between moods in conditional clauses was sometimes relaxed, allowing both to express similar hypothetical situations in parallel.

Cite this passage

Justinian I, The Digest of Justinian §26.4.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.4.9.pr

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