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Justinian I · The Digest of Justinian §26.9.8.pr

Action Against Ward Reaching Majority for Co-Heir Tutor's Security

Passage 3926 of 9271 · Latin

Summary

A case concerning whether an analogous action should be granted, in proportion to his share, against a ward who has reached majority, after his tutor (who was also his co-heir) had personally given security for the whole amount when sued regarding a trust.

[IDEM libro quinto responsorum. ] §26.9.8.prTutor, qui et coheres pupillo erat, cum conueniretur fideicommissi nomine, in solidum ipse cauit: quaesitum est, an in adultum pupillum pro parte danda sit utilis actio.
[THE SAME, from the fifth book of Opinions.] A tutor, who was also a co-heir with his ward, when sued on account of a trust, personally gave security for the whole amount. The question was raised whether an analogous action should be granted against the ward, who had reached majority, for his share.
respondit danda.
He replied that it should be granted.

Notes

  1. §26.9.8.prcoheres pupillo — The noun "coheres" takes the dative ("pupillo"), meaning "a co-heir with the ward."
  2. §26.9.8.prin solidum — An adverbial phrase meaning "for the whole amount" or "in full," indicating that the tutor personally provided security for the entire liability, including the ward's portion.
  3. §26.9.8.prpro parte — Meaning "pro rata" or "for his share." In the context of co-heirs, it questions whether an analogous action should be granted against the ward after reaching puberty, limited to the portion corresponding to his inherited share.

Cite this passage

Justinian I, The Digest of Justinian §26.9.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.9.8.pr

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