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Justinian I · The Digest of Justinian §26.7.6.pr

Burden of Proof for Tutor's Knowledge of Appointment

Passage 3841 of 9271 · Latin

Summary

States that the burden of proof lies with the pupil to show that the tutor had knowledge of his appointment.

[IDEM libro trigesimo sexto ad edictum. ] §26.7.6.prHoc autem, quod cognouit tutor, pupillus probare debebit.
[The same, in the thirty-sixth book on the Edict.] However, the pupil will have to prove this, namely, that the tutor knew.

Notes

  1. §26.7.6.prHoc autem, quod cognouit tutor — "hoc" (demonstrative pronoun) and the "quod" clause are in apposition, referring to the fact "that the tutor knew (that he was a tutor)". The object of "cognouit" in the "quod" clause is omitted, understood from the context of the previous section (5.10).

Cite this passage

Justinian I, The Digest of Justinian §26.7.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.7.6.pr

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