Humanitext Reader

Justinian I · The Digest of Justinian §26.7.42.pr

Denial of Pupil Privilege to Procurator in Rem Suam

Passage 3877 of 9271 · Latin

Summary

It is stated that when a judge holds one of multiple tutors liable for the entire amount, a procurator appointed in his own interest for that judgment debt does not enjoy the pupil's privilege.

[IDEM libro primo definitionum. ] §26.7.42.prEx pluribus tutoribus in solidum unum tutorem iudex condemnauit.
[THE SAME, in his First Book of Definitions.] The judge condemned one of several tutors for the whole amount.
in rem suam iudicatus procurator datus priuilegium pupilli non habebit, quod nec heredi pupilli datur: non enim causae, sed personae succurritur, quae meruit praecipuum fauorem.
A procurator appointed in his own interest for the judgment debt will not have the privilege of the pupil, which is not even granted to the heir of the pupil; for relief is not given to the cause, but to the person who has deserved special favor.

Notes

  1. §26.7.42.priudicatus — Although written as the nominative singular masculine iudicatus in the manuscripts, it is syntactically and contextually understood as the genitive singular iudicati (from the neuter noun iudicatum, 'judgment debt'). It qualifies the phrase procurator in rem suam datus (a procurator appointed for his own benefit, i.e., an assignee), specifying the object of the representation.
  2. §26.7.42.prsuccurritur — This is the impersonal passive of the intransitive verb succurrere (to run to help, relieve), which governs the dative. Translated literally as 'relief is given', it takes the datives causae (to the cause) and personae (to the person), where causa refers to the legal nature or origin of the claim.

Cite this passage

Justinian I, The Digest of Justinian §26.7.42.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.7.42.pr

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