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Justinian I · The Digest of Justinian §26.5.28.pr

Validity of Serving as Both Tutor and Guarantor

Passage 3830 of 9271 · Latin

Summary

Romanius Appulus appealed against being appointed as a co-tutor to someone he had nominated as a magistrate, claiming it created a double risk, but the emperor ruled that one can be both a guarantor and a tutor, rejecting his appeal.

[PAULUS libro secundo decretorum. ] §26.5.28.prRomanius Appulus ab iudice appellauerat dicens se non debuisse dari in tutela collegam ei, quem ipse, cum magistratus esset, nominasset suo periculo, ne in una tutela duplex periculum sustineret.
[PAULUS, from the second book of Decrees.] Romanius Appulus had appealed from the judge, saying that he ought not to have been appointed as a colleague in guardianship to the person whom he himself, when he was a magistrate, had nominated at his own risk, lest he should undergo a double risk in a single guardianship.
decreuit imperator posse quem et fideiussorem pro tutore esse et nihilo minus tutorem dari: itaque detentus est in tutela.
The emperor decreed that it is possible for someone to be both a guarantor for a tutor and nonetheless to be appointed as a tutor; therefore, he was retained in the guardianship.

Notes

  1. §26.5.28.prcollegam ei — collegam is a predicative accusative agreeing with the subject of the infinitive se (Romanius), meaning "as a colleague." ei is a dative ("to him/the person") depending on collegam (or the verb dari). Romanius argues that this appointment would force him to bear a double liability: his original liability for nominating the tutor (suo periculo) and his direct liability as a co-tutor.
  2. §26.5.28.prposse quem — quem is the accusative singular masculine of the indefinite pronoun quis, serving as the subject of the infinitives esse and dari in the accusative-and-infinitive construction dependent on the impersonal posse ("that anyone can...").

Cite this passage

Justinian I, The Digest of Justinian §26.5.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.5.28.pr

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