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Justinian I · The Digest of Justinian §26.7.28.pr-26.7.28.1

Exemption from Lawsuits and Interest After Tutelage

Passage 3863 of 9271 · Latin

Summary

Discusses the exemption of a tutor from proceeding with a lawsuit if the pupil reaches puberty, and the conditions under which a tutor who ceased administration is exempt from paying interest through offering and properly depositing the money.

[MARCELLUS libro octauo digestorum. ] §26.7.28.prTutor pro pupillo in iudicium uocatus sollemniter cauit: si inter moras puer ad pubertatem peruenit, non est cogendus accipere iudicium.
[MARCELLUS, in his eighth book of the Digests.] A tutor, having been summoned to court on behalf of his pupil, has given a formal security; if, during the delays, the boy reaches puberty, the tutor is not to be compelled to accept the joinder of issue in the trial.
§26.7.28.1Tutor, qui post pubertatem pupilli negotiorum eius administratione abstinuit, usuras praestare non debet ex quo optulit pecuniam: quin etiam iustius mihi uidetur eum per quem non stetit, quo minus conuentus restitueret tutelam, ad praestationem usurarum non compelli.
A tutor who, after the pupil reached puberty, abstained from the administration of his affairs, is not obliged to pay interest from the time he offered the money; indeed, it seems more equitable to me that one through whom it did not stand that he did not, when sued, restore the tutelage property, should not be compelled to pay interest.
ULPIANUS notat: non sufficit optulisse, nisi et deposuit obsignatam tuto in loco.
ULPIAN notes: it is not sufficient to have offered the money, unless he also deposited it sealed in a safe place.

Notes

  1. §26.7.28.praccipere iudicium — A technical term in Roman civil procedure referring to accepting the joinder of issue (litis contestatio). Since the tutelage ends when the pupil reaches puberty, the tutor is no longer compelled to proceed with the lawsuit as a representative.
  2. §26.7.28.1per quem non stetit, quo minus — The negative form of the idiomatic expression per aliquem stat, quominus... ('it is due to someone that... not'). Here it indicates that there was no fault on his (eum) part that prevented him from restoring the tutelage property (restitueret tutelam) when sued.
  3. §26.7.28.1deposuit obsignatam — The feminine singular accusative form of the perfect passive participle obsignatus, agreeing with the feminine noun pecuniam ('money') from the preceding context. It implies that simply offering the money is insufficient to stop the running of interest; the money must be sealed and deposited in a secure place.

Cite this passage

Justinian I, The Digest of Justinian §26.7.28.pr-26.7.28.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.7.28.pr-26.7.28.1

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