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Justinian I · The Digest of Justinian §26.8.8.pr

Requirement of Unconditional Authorization for Conditional Contracts

Passage 3904 of 9271 · Latin

Summary

Explains that even if a conditional contract is made with a ward, the tutor must grant his authority unconditionally in order for the conditional contract to be confirmed.

[IDEM libro quadragesimo octauo ad Sabinum. ] §26.8.8.prEtsi condicionalis contractus cum pupillo fiat, tutor debet pure auctor fieri: nam auctoritas non condicionaliter, sed pure interponenda est, ut condicionalis contractus confirmetur.
[THE SAME, in the forty-eighth book of his Commentary on Sabinus.] Even if a conditional contract is made with a ward, the tutor must grant his authority unconditionally; for authority must be interposed not conditionally, but unconditionally, so that the conditional contract may be confirmed.

Notes

  1. §26.8.8.prpure — A legal technical term meaning "unconditionally" or "without conditions," contrasted with condicionaliter ("conditionally"). It indicates that even if the underlying contract is subject to a condition (condicio), the tutor's grant of authority (auctoritas) itself must be absolute and unconditional.
  2. §26.8.8.prauctor fieri — Literally "to become an authorizer/approver," referring to the act of the tutor granting his authority (auctoritatem interponere) to the transaction of the ward. Here it functions as a nominative complement.

Cite this passage

Justinian I, The Digest of Justinian §26.8.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.8.8.pr

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