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Justinian I · The Digest of Justinian §26.5.4.pr

Prohibition on Praetors Appointing Themselves as Tutors

Passage 3806 of 9271 · Latin

Summary

This text explains that a praetor cannot appoint himself as a tutor, just as a pedaneus judge or an arbitrator cannot be appointed by their own decision.

[IDEM libro nono ad legem Iuliam et Papiam. ] §26.5.4.prPraetor ipse se tutorem dare non potest, sicut nec pedaneus iudex nec compromissarius ex sua sententia fieri potest.
[THE SAME, from the ninth book on the Lex Iulia et Papia.] A praetor cannot appoint himself as a tutor, just as a pedaneus judge or an arbitrator cannot become such by his own decision.

Notes

  1. §26.5.4.prpedaneus iudex — The 'pedaneus iudex' (a petty or lower-level judge) refers to a magistrate of lesser jurisdiction who held trials for minor civil matters. Here it is coordinate with 'compromissarius' as the subject of 'fieri [potest]'.
  2. §26.5.4.prex sua sententia — The phrase 'ex sua sententia' means 'by his own judgment' or 'by his own decision'. It expresses the impossibility of judges or arbitrators appointing or making themselves ('fieri') such by virtue of their own ruling.

Cite this passage

Justinian I, The Digest of Justinian §26.5.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.5.4.pr

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