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Justinian I · The Digest of Justinian §26.8.13.pr

Obligations of a Silent Minor Authorized by a Tutor

Passage 3909 of 9271 · Latin

Summary

The text explains that minors are bound by obligations with their tutor's authorization even if they remain silent, providing examples of receiving a loan or an undue payment.

[IULIANUS libro uicesimo primo digestorum. ] §26.8.13.prImpuberes tutore auctore obligantur, etiamsi taceant: nam cum pecuniam mutuam acceperint, quamuis nihil dicant, auctoritate tutoris interposita tenentur.
[JULIANUS, in the twenty-first book of the Digests.] Minors under puberty, with their tutor's authorization, are bound by obligations even if they remain silent; for when they receive a loan of money, although they say nothing, they are bound if the authority of their tutor is interposed.
quare et si non debita pecunia his personis soluta fuerit, quamuis tacuerint, interposita tutoris auctoritas sufficit, ut condictione teneantur.
Therefore, even if money that was not due is paid to these persons, although they have remained silent, the interposition of the tutor's authority is sufficient for them to be bound by a claim for recovery.

Notes

  1. §26.8.13.prtutore auctore — Ablative absolute formed by two nouns (nominal ablative absolute). Since there is no present participle of the verb 'to be' (esse) in Latin, the noun 'tutore' and the appositive 'auctore' are directly joined in the ablative case, meaning 'with the tutor acting as authorizer' or 'under the authorization of the tutor.'
  2. §26.8.13.prcondictione — Ablative of instrument or cause, referring to the Roman law action 'condictio' (claim for recovery or unjust enrichment). It modifies 'teneantur' (are bound), indicating that the minors become liable to or bound by an action for recovery.

Cite this passage

Justinian I, The Digest of Justinian §26.8.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.8.13.pr

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