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Justinian I · The Digest of Justinian §26.7.51.pr

Divided Administration of Tutors and Stipulation of Sureties

Passage 3886 of 9271 · Latin

Summary

The text explains how the regional division of administration among multiple tutors affects the liability of a surety under a stipulation.

[UENULEIUS libro sexto stipulationum. ] §26.7.51.prSi duo pluresue tutores tutelam administrent, in fideiussorem quidem in solidum per quemlibet eorum committitur stipulatio: at si inter eos diuisa sit tutela regionibus, quod plerumque fit, et alius urbica negotia, alius peregrina administraret, tunc ex substantia cuiusque rei aut committi contra fideiussorem stipulationem aut non committi dicemus: nam licet omnes tutores sint et tutelam gerant, tamen cum quis de ea re, quae extra suam regionem erit, experiri uel ad iudicium uocari coeperit, perinde non committitur stipulatio, atque si ei administratio tutelae permissa non esset: quantum enim facit in totum denegata, tantundem ualet, si in ea re de qua agitur denegata sit.
[VENULEIUS, from the sixth book on Stipulations.] If two or more tutors administer a guardianship, a stipulation is indeed committed for the whole amount against the surety through any one of them; but if the guardianship has been divided between them by regions, as is often done, and one administers urban business, another foreign business, then we shall say that, according to the substance of each matter, the stipulation against the surety is either committed or not committed. For although all are tutors and carry on the guardianship, yet when anyone begins to litigate or be summoned to court concerning a matter which is outside his own region, the stipulation is not committed, just as if the administration of the guardianship had not been permitted to him; for as much as a total denial of administration effects, just so much is valid if it is denied in the matter under discussion.

Notes

  1. §26.7.51.prcommittitur stipulatio — A technical legal expression meaning "the condition of the stipulation is fulfilled, and the obligation (liability) arises." Here, `committere` indicates that, due to the tutor's default or misconduct, the condition for enforcing the stipulation against the surety is met.
  2. §26.7.51.prdenegata — The noun `administratio` (administration/right of administration) from the preceding context is omitted as the subject or the noun modified by the perfect participle `denegata` (denied). Thus, `in totum denegata [sc. administratio]` refers to "a total denial of the right of administration," and `denegata sit` likewise refers to the denial of this right.

Cite this passage

Justinian I, The Digest of Justinian §26.7.51.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.7.51.pr

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