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Justinian I · The Digest of Justinian §26.7.45.pr

Release of One Tutor and Claim against the Other

Passage 3880 of 9271 · Latin

Summary

The passage discusses whether a pupil can sue the other tutor after releasing one, and examines the debt relationship and election in the case of joint magistrates.

[IDEM libro quarto decimo quaestionum. ] §26.7.45.prSi pupillus alterum ex tutoribus post pubertatem liberasset, improbe alterum illius nomine conabitur interpellare.
[THE SAME, from the fourteenth book of Questions.] If the pupil, after reaching puberty, has released one of the tutors, he will improperly attempt to sue the other on account of the former.
idemque dicemus in duobus magistratibus collegis, quorum alterum res publica conuenit.
And we shall say the same in the case of two colleagues in office, of whom the state has sued one.
sed haec in magistratibus tractaui, quasi duo rei eiusdem debiti essent omnimodo: quod non ita est.
But I have treated these matters in the case of magistrates as if they were in every respect two debtors of the same debt; which is not the case.
nam si uterque idoneus est, electio locum non habet: is autem, qui tempore liberatus est, non ei similis est qui nihil habet, sed ei qui satisfecit: habet enim quod obiciat petitori.
For if each is solvent, election does not take place; but he who has been released by lapse of time is not like one who has nothing, but like one who has satisfied the debt; for he has something to object to the plaintiff.

Notes

  1. §26.7.45.prillius nomine — illius refers to the previously mentioned "one of the tutors" who has been released. nomine here is used in the sense of "on account of" or "for the share of" that person.
  2. §26.7.45.prduo rei eiusdem debiti — Derived from reus (party, defendant), referring here to joint and several debtors ("two debtors of the same debt").
  3. §26.7.45.prtempore liberatus est — tempore is in the ablative case, meaning "by (lapse of) time." It refers to a person who has been released from liability due to the expiration of a time limit or prescription.

Cite this passage

Justinian I, The Digest of Justinian §26.7.45.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.7.45.pr

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