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Justinian I · The Digest of Justinian §26.7.14.pr

Liability and Exemption of Co-Tutors for Colleague's Acts

Passage 3849 of 9271 · Latin

Summary

It stipulates that a co-tutor is liable for the actions of their colleague if they failed in their duty to accuse them as suspect or demand security, but is exempt from liability if a solvent colleague suddenly becomes insolvent.

[PAULUS libro octauo breuium. ] §26.7.14.prEtiam contutoris factum imputatur collegae, si potuit et debuit suspectum facere: interdum et si debuit satis petere: nam si idoneus subito lapsus est, nihil collegae imputari potest.
[PAULUS in the eighth book of Epitomes.] The act of a co-tutor is also imputed to his colleague, if the latter was able and ought to have accused him as suspect; sometimes even if he ought to have demanded security. For if a solvent person has suddenly become insolvent, nothing can be imputed to his colleague.

Notes

  1. §26.7.14.prsuspectum facere — An expression consisting of the accusative of the adjective suspectus (suspect, untrustworthy) and facere (to make/render), which refers to initiating the legal procedure for the 'accusation of a suspect tutor' (accusatio suspecti tutoris) in Roman law. Here, it denotes the legal possibility and duty of a co-tutor to publicly accuse their colleague if the latter acts improperly or negligently.
  2. §26.7.14.prsatis petere — Composed of satis (sufficient security, guarantee) functioning substantively and petere (to demand), this is a legal idiom meaning 'to demand the provision of security' (satisdatio) regarding the performance of duties or management of property.
  3. §26.7.14.pridoneus subito lapsus est — The adjective idoneus is used substantively here to refer to a 'solvent person' (one with sufficient financial means). Lapsus est is the perfect tense of the deponent verb labor (to slip, fall), which in legal texts frequently means 'to lose one's solvency' or 'to become bankrupt'.

Cite this passage

Justinian I, The Digest of Justinian §26.7.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.7.14.pr

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