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Justinian I · The Digest of Justinian §26.8.6.pr

Purchase of Ward's Property by a Non-Managing Guardian

Passage 3902 of 9271 · Latin

Summary

It states the rule that guardians who have not been granted the administration of the property can lawfully purchase property from their ward just like third parties.

[POMPONIUS libro septimo decimo ad Sabinum. ] §26.8.6.prTutores, quibus administratio decreta non esset, tamquam extraneos recte a pupillo emere placet.
[POMPONIUS, in the seventeenth book of his Commentary on Sabinus.] It is held that guardians to whom the administration has not been decreed can lawfully buy from a ward just like strangers.

Notes

  1. §26.8.6.prtamquam extraneos — Although the subject at the beginning of the sentence (Tutores) is in the nominative, the word meaning 'strangers' following tamquam is in the accusative plural (extraneos). This can be explained by the influence of an implied accusative-and-infinitive construction, where the logical subject of the infinitive emere under placet is felt as accusative, or as an elliptical construction meaning 'as if they were strangers'.

Cite this passage

Justinian I, The Digest of Justinian §26.8.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.8.6.pr

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