Humanitext Reader

Justinian I · The Digest of Justinian §26.7.23.pr

Security for a Pupil's Ratification in Tutor's Lawsuits

Passage 3858 of 9271 · Latin

Summary

This text discusses the general rule that a tutor bringing a case to court is not required to provide security for the pupil's ratification, the exception when the tutor's status is in doubt to protect the adversary, and the application of the same rule to curatorship.

[ULPIANUS libro nono ad edictum. ] §26.7.23.prUulgo obseruatur, ne tutor caneat ratam rem pupillum habiturum, quia rem in iudicium deducit.
[ULPIANUS in his ninth book on the Edict.] It is commonly observed that a tutor does not give security that the pupil will ratify the matter, because he brings the matter to court.
quid tamen si dubitetur, an tutor sit uel an duret tutor uel an gestus illi commissus sit? aequum est aduersarium non decipi.
But what if it is doubted whether he is a tutor, or whether his tutorship still lasts, or whether the administration has been committed to him? It is equitable that the adversary should not be deceived.
idem et in curatore est, ut Iulianus scribsit.
The same applies also to a curator, as Julian wrote.

Notes

  1. §26.7.23.prcaneat — A scribal variant or error for `caueat` (to give security, provide a guarantee). The construction `obseruatur, ne... caueat` means "it is observed as a rule that the tutor does not give security," indicating that he is not required to do so.
  2. §26.7.23.prratam rem pupillum habiturum — An accusative with infinitive clause: `ratam rem pupillum habiturum [esse]`. The phrase `rem ratam habere` is a legal idiom meaning "to ratify or approve an act." It refers to the security (cautio rem ratam haberi) that the pupil will later ratify the legal proceedings conducted by the tutor.
  3. §26.7.23.prgestus — A fourth-declension noun `gestus, -us` (administration, management), serving as the subject of the passive verb `commissus sit`. It refers here to the administration of the tutorship.

Cite this passage

Justinian I, The Digest of Justinian §26.7.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.7.23.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.