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Justinian I · The Digest of Justinian §26.9.7.pr

Relief for Tutor Defending an Infant and Action Against Ward

Passage 3925 of 9271 · Latin

Summary

This section provides relief for a tutor who defends an infant in court, by allowing the action on the judgment to be brought against the ward himself rather than the tutor.

[SCAEUOLA libro tertio decimo quaestionum. ] §26.9.7.prTutori, qui infantem defendit, succurritur, ut in pupillum iudicati actio detur.
[SCAEVOLA, from the thirteenth book of Questions.] Relief is granted to a tutor who defends an infant, so that the action on the judgment is given against the ward.

Notes

  1. §26.9.7.prsuccurritur — Impersonal passive of the verb succurrere. It takes the dative Tutori as its complement, meaning "relief is granted to the tutor." The specific content of this relief is expressed by the subsequent ut-clause.
  2. §26.9.7.prin pupillum — The preposition in with the accusative here denotes opposition or disadvantage, meaning "against the ward." It indicates that the successful plaintiff is directed to bring the action on the judgment against the ward's property or person, rather than against the tutor personally.

Cite this passage

Justinian I, The Digest of Justinian §26.9.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.9.7.pr

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