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Justinian I · The Digest of Justinian §26.8.22.pr

Invalidity of Tutor's Authorization for His Own Release

Passage 3918 of 9271 · Latin

Summary

It explains that an act by which a ward would release his tutor from liability cannot be validly performed with the authorization of that tutor himself.

[LABEO libro quinto pithanon. ] §26.8.22.prSi quid est, quod pupillus agendo tutorem suum liberaturus est, id ipso tutore auctore agi recte non potest.
[LABEO, in the fifth book of the Probabilities.] If there is anything which, by doing it, a ward is to release his tutor, this cannot properly be done with the authorization of that tutor himself.

Notes

  1. §26.8.22.prquod ... agendo — quod is a relative pronoun referring to the antecedent quid and functions as the object of the gerund agendo. agendo is the ablative of the gerund of agere, expressing means ('by doing [it]').
  2. §26.8.22.pripso tutore auctore — An ablative absolute construction consisting of a noun (tutore) and a noun (auctore) in apposition, with the participle of esse understood. It means 'with that tutor himself being the authorizer,' i.e., 'with the authorization of that tutor himself.'

Cite this passage

Justinian I, The Digest of Justinian §26.8.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.8.22.pr

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