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Justinian I · The Digest of Justinian §26.7.17.pr

Inception of Liability for Neglecting Ordered Guardianship

Passage 3852 of 9271 · Latin

Summary

It is established that when a person is ordered by a competent authority to undertake a guardianship and fails to act, his liability to keep the pupil harmless begins from the moment he was ordered, not from the time he became tutor.

[POMPONIUS libro septimo decimo ad Sabinum. ] §26.7.17.prQui iussus est ab eo, qui ius iubendi habet, tutelam gerere, si cessasset, ex quo iussus est indemnem pupillum praestare debebit, non ex quo tutor esse coepit.
[POMPONIUS in the seventeenth book on Sabinus.] He who has been ordered to administer a guardianship by one who has the right to order, if he should fail to act, will be obliged to keep the pupil harmless from the time he was ordered, not from the time he began to be tutor.

Notes

  1. §26.7.17.prindemnem pupillum praestare — The verb `praestare` (to guarantee, render) takes the accusative object `pupillum` and the predicate accusative adjective `indemnem`, meaning 'to guarantee that the pupil remains unharmed' or 'to keep the pupil free from loss'.
  2. §26.7.17.prsi cessasset — The subjunctive pluperfect in the conditional clause. It denotes a prior omission or failure to act relative to the future obligation expressed by the main verb `debebit`.

Cite this passage

Justinian I, The Digest of Justinian §26.7.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.7.17.pr

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