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Justinian I · The Digest of Justinian §26.8.21.pr

Validity of Ward's Abstention through Curator's Declaration

Passage 3917 of 9271 · Latin

Summary

The text discusses whether a ward, who had received a curator after being condemned on his father's contract, is legally held to have abstained from his father's estate based on the proceedings before the procurator of Caesar.

[IDEM libro uicesimo sexto digestorum. ] §26.8.21.prDefendente tutore pupillus condemnatus ex contractu patris accepit curatorem, inter quem et creditorem acta facta sunt apud procuratorem Caesaris infra scripta.
[THE SAME, in the twenty-sixth book of the Digests.] A ward, having been condemned under a contract of his father while his tutor was defending him, received a curator, between whom and the creditor the proceedings written below took place before the procurator of Caesar.
Priscus procurator Caesaris dixit: 'faciat iudicata. Nouellius curator dixit: 'abstineo pupillum'. Priscus procurator Caesaris dixit: 'responsum habes: scis, quid agere debeas'. quaesitum est, an secundum haec acta adulescens a bonis patris abstentus sit.
Priscus, the procurator of Caesar, said: "Let him satisfy the judgment." Novellius, the curator, said: "I withhold the ward." Priscus, the procurator of Caesar, said: "You have your answer: you know what you ought to do." It was asked whether, according to these proceedings, the young man was withheld from the goods of his father.
respondit proponi abstentum.
He replied that, on the facts as stated, he was held to have been withheld.

Notes

  1. §26.8.21.prDefendente tutore — An ablative absolute construction indicating the circumstance that the tutor was conducting the defense on behalf of the ward in the lawsuit.
  2. §26.8.21.prfaciat iudicata — The present subjunctive third-person singular `faciat` is used jussively. The subject is the ward (pupillus), and the curator is urged to make him perform the judged matters (`iudicata`, neuter plural accusative).
  3. §26.8.21.prrespondit proponi abstentum — An accusative with infinitive (ACI) construction where the present passive infinitive `proponi` ('it is presented/stated') takes the perfect passive infinitive `abstentum [esse]` ('to have been withheld') with an omitted accusative subject `adulescentem`. It means 'it is presented that he has been withheld', i.e., 'on the facts as presented, he is held to have abstained'.

Cite this passage

Justinian I, The Digest of Justinian §26.8.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.8.21.pr

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