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Justinian I · The Digest of Justinian §26.8.3.pr

Validity of Spontaneous Authorization by a Guardian

Passage 3899 of 9271 · Latin

Summary

This text explains that even if a guardian grants his authority without a prior request, it remains valid as long as he declares his approval of the transaction, which is the very essence of interposing authority.

[PAULUS libro octauo ad Sabinum. ] §26.8.3.prEtiamsi non interrogatus tutor auctor fiat, ualet auctoritas eius, cum se probare dicit id quod agitur: hoc est enim auctorem fieri.
[PAULUS, in the eighth book of his Commentary on Sabinus.] Even if the guardian interposes his authority without being asked, his authority is valid when he says that he approves of what is being done; for this is what it means to interpose authority.

Notes

  1. §26.8.3.prnon interrogatus — A perfect passive participle agreeing with the subject 'tutor', expressing a concessive or circumstantial condition ('without being asked').
  2. §26.8.3.prauctorem fieri — The accusative 'auctorem' serves as the predicate complement of the infinitive 'fieri'. This construction occurs because when an infinitive phrase is used substantively, its implied subject is in the accusative (omitted here as a general reference), and the predicate agrees in case.

Cite this passage

Justinian I, The Digest of Justinian §26.8.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.8.3.pr

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