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Justinian I · The Digest of Justinian §26.7.56.pr

Vindication of Animals Retained by a Guardian

Passage 3891 of 9271 · Latin

Summary

In a case where a guardian sold a ward's animals but retained them due to the buyers' non-payment while entering the price as received in the accounts, and his heir subsequently possessed them for many years, it is discussed whether the former ward, now twenty-four years old, can vindicate the animals, and it is answered that he cannot.

[SCAEUOLA libro quarto digestorum. ] §26.7.56.prTutor rerum et animalium pupilli uenditionem fecit, sed quaedam animalia emptoribus pretium non soluentibus retinuit et apud se habuit, pretium idem rationibus pupilli accepto tulit: ex his aliquot nata sunt: defuncto tutore heres eius eandem tutelam administrauit et animalia annis plurimis possedit: quaesitum est, an, cum is cuius tutela administrata est annis uiginti quattuor esset, iure animalia uindicaret.
[SCAEUOLA libro quarto digestorum.] A guardian of the property and animals of a ward made a sale; but because the buyers did not pay the price, he retained certain animals and kept them with him, and entered the same price as received in the accounts of the ward. From these animals some offspring were born. Upon the death of the guardian, his heir administered the same guardianship and possessed the animals for very many years. The question arose whether, when the person whose guardianship was administered was twenty-four years of age, he could by law vindicate the animals.
respondit secundum ea quae proponerentur pupillum ea uindicare non posse.
He answered that, according to the facts proposed, the [former] ward could not vindicate them.

Notes

  1. §26.7.56.premptoribus pretium non soluentibus — An ablative absolute construction ('since the buyers did not pay the price') serving as an adverbial clause of reason. While it could theoretically be construed as an indirect object of `retinuit`, it is more naturally understood as describing the cause of the retention.
  2. §26.7.56.praccepto tulit — An expression derived from the Roman bookkeeping term `accepto ferre`. It means that although the guardian did not actually receive the cash, he recorded it as 'received' in the ward's accounts (`rationibus`). By this accounting entry, the guardian became liable for the amount to the ward, laying the groundwork for the animals themselves to transfer to the guardian's ownership or possession.
  3. §26.7.56.pruindicaret — Refers to bringing a proprietary action for recovery, i.e., 'vindication' (`uindicatio`). Because of the long-term possession by the guardian's side (`annis plurimis possedit`) and the fact that the price had already been accounted for as received, the former ward had lost the ownership of the animals and therefore could not bring a `uindicatio`.

Cite this passage

Justinian I, The Digest of Justinian §26.7.56.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.7.56.pr

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