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Justinian I · The Digest of Justinian §26.7.48.pr

Differences in Powers between Curators of Property and of Persons

Passage 3883 of 9271 · Latin

Summary

Explains the significant difference in the scope of administrative power between curators of property and unborn children, and those of madmen, prodigals, and pupils.

[HERMOGENIANUS libro primo iuris epitomarum. ] §26.7.48.prInter bonorum uentrisque curatorem et inter curatorem furiosi itemque prodigi pupillue magna est differentia, quippe cum illis quidem plane rerum administratio, duobus autem superioribus sola custodia et rerum, quae deteriores futurae sunt, uenditio committitur.
[HERMOGENIANUS, from the first book of the Epitome of Law.] There is a great difference between a curator of property and of an unborn child, and a curator of a madman, likewise of a prodigal, and of a pupil; since indeed to the latter, full administration of property is committed, whereas to the two former, only custody and the sale of things that are liable to deteriorate are committed.

Notes

  1. §26.7.48.prpupillue — The manuscript reading `pupillue` is generally emended or interpreted in modern editions as `pupilli` (or `pupillae`, or `pupillive` "or of a pupil"). Although a pupil (pupillus/pupilla) is normally assigned a tutor (tutor), they are grouped here alongside curators due to the equivalent nature of their substantial administrative power (administratio) over the property.
  2. §26.7.48.prduobus superioribus — Meaning "the two former," referring to the `bonorum uentrisque curatorem` (the curator of property and the curator of an unborn child) mentioned at the beginning. Unlike the latter group, who have full administration (administratio), these two are only granted mere custody (custodia) and the power to sell perishable items.

Cite this passage

Justinian I, The Digest of Justinian §26.7.48.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.7.48.pr

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