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Justinian I · The Digest of Justinian §26.7.35.pr

Taking Over Doubtful Debts and Tutor Liability

Passage 3870 of 9271 · Latin

Summary

It states that a tutor or curator is required to take over doubtful debts from a predecessor but is not obligated to collect them at their own risk.

[PAPINIANUS libro secundo quaestionum. ] §26.7.35.prTutor siue curator nomina, quae iuste putat non esse idonea, a priore tutore uel curatore suscipere quidem cogitur, non tamen exactionem periculo suo facere.
[PAPINIANUS, in his Second Book of Questions.] A tutor or curator is indeed compelled to receive from a prior tutor or curator outstanding debts which he rightly thinks are not solvent, but he is not, however, compelled to exact payment at his own risk.

Notes

  1. §26.7.35.prnomina — Accusative plural of 'nomen' (name). In Roman legal terminology, it refers to ledger entries of debt, meaning 'claims' or 'outstanding debts'.
  2. §26.7.35.prnon tamen — The passive verb 'cogitur' from the first clause is implied here: 'non tamen [cogitur] ... facere' (he is not, however, compelled to do...).
  3. §26.7.35.prpericulo suo — Ablative of manner or attendant circumstance: 'at his own risk' or 'under his own liability'.

Cite this passage

Justinian I, The Digest of Justinian §26.7.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.7.35.pr

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