Humanitext Reader

Justinian I · The Digest of Justinian §26.5.2.pr

Appointment of Temporary Tutors During Appeals or Absence

Passage 3804 of 9271 · Latin

Summary

The text presents a rescript of the Divine Pius stating that a temporary tutor must be appointed to administer the tutelage when some of the appointed tutors appeal and others are absent.

[IDEM libro trigesimo quinto ad edictum. ] §26.5.2.prCum quidam tutores dati appellassent, quidam autem non adessent, diuus Pius rescripsit dandum temporarium tutorem, qui tutela fungatur.
[THE SAME, from the thirty-fifth book on the Edict.] When some of those appointed as tutors had appealed, while others were not present, the Divine Pius issued a rescript stating that a temporary tutor should be appointed to discharge the duties of the tutelage.

Notes

  1. §26.5.2.prappellassent — A syncopated form of appellavissent. The subjunctive pluperfect is used in the cum-clause (circumstantial), meaning to appeal against the appointment of tutorship.
  2. §26.5.2.prdandum — A gerundive in the accusative with infinitive construction (object of the main verb rescripsit), with esse omitted (dandum esse). It expresses obligation: 'that a tutor should be appointed'.
  3. §26.5.2.prtutela fungatur — Since fungor is a deponent verb that governs the ablative case, tutela is in the ablative. The subjunctive present fungatur in the relative clause expresses purpose or the character required to perform the duty.

Cite this passage

Justinian I, The Digest of Justinian §26.5.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.5.2.pr

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