Humanitext Reader

Justinian I · The Digest of Justinian §26.7.8.pr

Awaiting Loan Maturity in the Action on Tutelage

Passage 3843 of 9271 · Latin

Summary

This section discusses whether a former pupil bringing an action of tutelage must await the maturity of outstanding loans made in their name, and under what conditions such a delay is justified.

[IDEM libro uicesimo tertio ad edictum. ] §26.7.8.prSi tutelae agat is, cuius tutela administrata est, dicendum est nonnumquam diem creditae pecuniae exspectandam, si forte tutor pecunias crediderit pupilli nomine, quarum exigendarum dies nondum uenit.
[The same, in the twenty-third book on the Edict.] If he whose tutelage was administered brings an action of tutelage, it must be said that sometimes the day of the lent money must be awaited, if by chance the tutor has lent money in the name of the pupil, the day for demanding which has not yet come.
sane quod ad pecunias attinet, ita demum uerum est, si potuit et debuit credere: ceterum si non debet credere, non exspectabitur.
Indeed, as far as the money is concerned, this is only true if he was able and ought to have lent it; but if he ought not to have lent it, it will not be awaited.

Notes

  1. 26.7.8.prtutelae agat — tutelae is a genitive of charge/action, or an ellipsis of tutelae actione (by an action of tutelage). Used with agere (to bring an action), it means "to bring an action of tutelage."
  2. 26.7.8.prdiem ... exspectandam — An accusative with infinitive construction (with esse omitted) dependent on dicendum est. Although dies is usually masculine, it is often treated as feminine when meaning a fixed day or deadline, hence the feminine accusative gerundive exspectandam agreeing with diem.
  3. 26.7.8.prquarum exigendarum — Consists of the relative pronoun quarum (agreeing with its antecedent pecunias, feminine plural) and the gerundive exigendarum in agreement. The gerundive attraction acts as a genitive phrase modifying dies, meaning "the day for demanding/collecting them."

Cite this passage

Justinian I, The Digest of Justinian §26.7.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.7.8.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.