[PAULUS libro primo ad legem Aeliam Sentiam. ] §26.8.16.prEtiamsi tutor caecus factus sit, auctor fieri potest.
[PAULUS, in the first book on the Lex Aelia Sentia.] Even if a tutor has become blind, he can become an authorizer.
Justinian I · The Digest of Justinian §26.8.16.pr
Capacity of a Blind Tutor to Authorize Transactions
Summary
States that even if a tutor has become blind, they still retain the capacity to authorize the transactions of their ward.
Notes
- §26.8.16.prfactus sit — The subjunctive perfect active third-person singular of the verb fieri. It is introduced by the concessive conjunction etiamsi to present a hypothetical state. The rule is based on the premise that as long as the tutor retains intellectual capacity, they can grant authorization (auctoritas) even if they cannot physically see the transaction.
Cite this passage
Justinian I, The Digest of Justinian §26.8.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.8.16.pr
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