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Justinian I · The Digest of Justinian §26.5.12.pr-26.5.12.2

Appointment of Curators for the Incapable and Prodigals

Passage 3814 of 9271 · Latin

Summary

It discusses the proconsul's duty to appoint curators for those unable to manage their property, the permissibility of appointing a son as his father's curator, and the rescript of the deified Pius concerning the appointment of curators for prodigals.

[ULPIANUS libro tertio de officio proconsulis. ] §26.5.12.prHis qui in ea causa sunt, ut superesse rebus suis non possint, dare curatorem proconsulem oportebit. §26.5.12.1Nec dubitabit filium quoque patri curatorem dare: quamuis enim contra sit apud Celsum et apud alios plerosque relatum, quasi indecorum sit patrem a filio regi, attamen diuus Pius Instio Celeri, item diui fratres rescripserunt filium, si sobrie uiuat, patri curatorem dandum magis quam extraneum. §26.5.12.2Diuus Pius matris querellam de filiis prodigis admisit, ut curatorem accipiant, in haec uerba: 'Non est nouum quosdam, etsi mentis suae uidebuntur ex sermonibus compotes esse, tamen sic tractare bona ad se pertinentia, ut, nisi subueniatur is, deducantur in egestatem.
[ULPIANUS, from the third book on the Office of Proconsul.] proconsul must appoint a curator for those who are in such a condition that they are unable to manage their own affairs. should he hesitate to appoint a son as curator for his father as well; for although the contrary is recorded in Celsus and in most others, as if it were unseemly for a father to be ruled by his son, nevertheless the deified Pius rescriped to Instius Celer, and likewise the deified brothers, that a son, if he lives soberly, should be appointed as curator for his father rather than a stranger. deified Pius admitted a mother's complaint concerning her prodigal sons, so that they should receive a curator, in these words: "It is nothing new that some persons, even if they seem to be of sound mind from their conversation, nevertheless handle the property belonging to them in such a way that, unless they are assisted, they are reduced to poverty.
eligendus itaque erit, qui eos consilio regat: nam aequum est prospicere nos etiam eis, qui quod ad bona ipsorum pertinet, furiosum faciunt exitum'.
Therefore, someone must be chosen to guide them with advice; for it is just that we provide also for those who, as far as their property is concerned, bring about a ruinous end."

Notes

  1. §26.5.12.prsuperesse rebus suis — The verb 'superesse' construed with the dative 'rebus suis' here means 'to be equal to' or 'to be capable of managing'. Thus, the phrase means 'unable to manage their own affairs'.
  2. §26.5.12.1quasi indecorum sit patrem a filio regi — The conjunction 'quasi' is followed by the subjunctive 'sit', representing a subjective reason or pretext ('as if it were unseemly'). 'patrem a filio regi' is an accusative-with-infinitive construction acting as the subject of 'indecorum sit', where 'regi' is the present passive infinitive.
  3. §26.5.12.2nisi subueniatur is — The verb 'subueniatur' is the impersonal passive of 'subuenio' (to assist), which governs the dative. 'is' is a variant form of the dative plural 'eis', meaning 'unless assistance is given to them'.
  4. §26.5.12.2quod ad bona ipsorum pertinet — An insert clause introduced by the relative pronoun 'quod' without an antecedent, expressing a restrictive sense: 'as far as their property is concerned' or 'as regards their property'.

Cite this passage

Justinian I, The Digest of Justinian §26.5.12.pr-26.5.12.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.5.12.pr-26.5.12.2

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