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Justinian I · The Digest of Justinian §26.7.31.pr

Temporal Limit of Tutors' Liability for the Whole

Passage 3866 of 9271 · Latin

Summary

A rescript of the emperors Severus and Antoninus to Sergius Iulianus, establishing that the rule holding individual tutors liable for the whole based on their management applies only during the period prior to the pupil's puberty, and not to any administration after puberty.

[MODESTINUS libro primo excusationum. ] §26.7.31.prDiui Seuerus et Antoninus Augusti Sergio Iuliano.
[MODESTINUS, in his first book on Excuses.] The deified Severus and Antoninus Augusti to Sergius Iulianus.
'Forma, qua singuli tutores, prout quisque gessit tutelam, nonnunquam in solidum tenentur, dumtaxat intra pubertatis tempora locum habet, non etiam si post pubertatem administrauerint'.
'The rule by which individual tutors, according as each has conducted the tutelage, are sometimes held liable for the whole, has application only within the period prior to puberty, but not also if they have administered the estate after puberty.'

Notes

  1. §26.7.31.prin solidum — A legal technical phrase meaning "for the whole," referring here to a joint and several liability where individual tutors are held liable for the entire amount of the damage.
  2. §26.7.31.prnon etiam — The verb phrase `locum habet` from the main clause is understood to be omitted after this phrase ("nor does it apply even if..."). The subject of the verb `administrauerint` (future perfect or perfect subjunctive) in the conditional clause is `singuli tutores`.

Cite this passage

Justinian I, The Digest of Justinian §26.7.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.7.31.pr

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