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Justinian I · The Digest of Justinian §26.7.24.pr-26.7.24.1

Appointment of Agents by Tutors and Suits by Co-Tutors

Passage 3859 of 9271 · Latin

Summary

This passage outlines the conditions under which a praetor appoints a court agent at the tutor's risk, and provides a liberal construction allowing one of two co-tutors to conduct litigation.

[PAULUS libro nono ad edictum. ] §26.7.24.prDecreto praetoris actor constitui periculo tutoris solet, quotiensque aut diffusa negotia sint aut dignitas uel aetas aut ualetudo tutoris id postulet: si tamen nondum fari pupillus potest, ut procuratorem facere possit, aut absens sit, tunc actor necessario constituendus est.
[PAULUS in his ninth book on the Edict.] By decree of the praetor, a court-appointed agent is usually appointed at the risk of the tutor, whenever either the business is widespread, or the dignity, age, or health of the tutor demands it. If, however, the pupil cannot yet speak so that he can appoint an authorized agent, or if he is absent, then a court-appointed agent must of necessity be appointed.
§26.7.24.1Si duobus simul tutela gerenda permissa est uel a parente uel a contutoribus uel a magistratibus, benigne accipiendum est etiam uni agere permissum, quia duo simul agere non possunt.
If the administration of the tutorship has been permitted to two persons at the same time, either by a parent, by co-tutors, or by magistrates, it should be liberally construed that even one is permitted to act, because two cannot act at the same time.

Notes

  1. §26.7.24.prpericulo tutoris — An ablative phrase meaning "at the risk of the tutor." It indicates that the tutor must ultimately bear the liabilities and risks arising from the actions of the court-appointed agent (actor).
  2. §26.7.24.prut procuratorem facere possit — A consecutive clause introduced by `ut` expressing the result or degree after `nondum fari pupillus potest` ("the pupil cannot yet speak so as to be able to appoint an authorized agent"). Since an infant (infans) legally lacks the capacity of speech and cannot appoint their own agent, the appointment of a court-appointed agent (actor) becomes necessary.
  3. §26.7.24.1benigne accipiendum est — An impersonal gerundive construction meaning "it should be liberally (or favorably) construed." It takes the following accusative-with-infinitive clause (`etiam uni agere permissum [esse]`) as its subject.

Cite this passage

Justinian I, The Digest of Justinian §26.7.24.pr-26.7.24.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.7.24.pr-26.7.24.1

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