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Justinian I · The Digest of Justinian §26.7.33.pr-26.7.33.3

Standard of Care for Tutors and Curators and Shift of Liability

Passage 3868 of 9271 · Latin

Summary

It regulates the standard of diligence required of tutors and curators, the transition of responsibility from tutors to curators upon the latter's appointment, the procedural choices available to the heirs of pupils, and the scope of reimbursable expenses in tutelage.

[CALLISTRATUS libro quarto de cognitionibus. ] §26.7.33.prA tutoribus et curatoribus pupillorum eadem diligentia exigenda est circa administrationem rerum pupillarium, quam pater familias rebus suis ex bona fide praebere debet.
[CALLISTRATUS, in his fourth book On Extraordinary Proceedings.] The same diligence is to be demanded from the tutors and curators of pupils concerning the administration of the pupil's property, which a pater familias ought to show towards his own property in good faith.
§26.7.33.1Officium tutorum curatoribus constitutis finem accipit ideoque omnia negotia, quae inita sunt, ad fidem curatorum pertinent: idque etiam diuus Marcus cum filio suo Commodo rescripsit.
The office of tutors comes to an end upon the appointment of curators, and therefore all transactions which have been entered into belong to the responsibility of the curators; and this also the deified Marcus, with his son Commodus, stated in a rescript.
§26.7.33.2Heredibus quoque pupillorum electio eadem aduersus tutores, in quo potissimum consistere uelint, competit, quae ipsis quorum tutela administrata sit, principalibus constitutionibus declaratur.
The heirs of pupils also have the same choice against the tutors as to what they especially wish to stand upon, which is declared by imperial constitutions to belong to those themselves whose tutelage has been administered.
§26.7.33.3Sumptuum, qui bona fide in tutelam, non qui in ipsos tutores fiunt, ratio haberi solet, nisi ab eo qui eum dat certum solacium ei constitutum est.
Account is usually taken of expenses which are incurred in good faith for the tutelage, and not of those incurred for the tutors themselves, unless a certain allowance has been appointed for him by the person who designates him.

Notes

  1. §26.7.33.1curatoribus constitutis — An ablative absolute construction, translated as "upon the appointment of curators" or "when curators are appointed," indicating the direct occasion on which the office of tutors ceases.
  2. §26.7.33.2in quo potissimum consistere uelint — An indirect question clause specifying the content of the choice (electio). The verb consistere (with the preposition in + ablative) here means "to stand upon" or "to rely on" a particular cause of action or legal remedy.
  3. §26.7.33.3in tutelam, non qui in ipsos tutores — The preposition in + accusative indicates the object or purpose of the expenses. It contrasts expenses incurred in good faith for the administration of the tutelage itself (in tutelam) with those incurred for the personal benefit or convenience of the tutors (in ipsos tutores).

Cite this passage

Justinian I, The Digest of Justinian §26.7.33.pr-26.7.33.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.7.33.pr-26.7.33.3

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