Humanitext Reader

Justinian I · The Digest of Justinian §27.1.16.pr

Commencement of the Excuse Period for a Testamentary Curator

Passage 3957 of 9271 · Latin

Summary

Regarding the starting point for calculating the period to claim excuse for Nigidius, whom Gaius appointed as curator in his will, Modestinus replies that the excuse is necessary only when he has been confirmed as curator by the decree of a magistrate, rather than when the will was opened or when the ward reached fourteen.

[IDEM libro secundo responsorum. ] §27.1.16.prGaius testamento Nigidium filio suo tutorem dedit eundemque usque ad uicensimum quintum annum curatorem constituit: quaero, cum liceat Nigidio a curatione etiam citra appellationem se excusare, ex qua die tempora, quae in excusationibus obseruanda diuus Marcus statuit, computanda sunt, utrum ex die aperti testamenti, an ex quo ad negotia gerenda uocatur, id est post quartum decimum annum impletum.
[THE SAME, from the second book of Opinions.] Gaius appointed Nigidius as tutor to his son in his will, and established him as curator until his twenty-fifth year. I ask: since Nigidius is allowed to excuse himself from the curatorship even without an appeal, from what day must the periods, which the divine Marcus ordered to be observed in excuses, be calculated—whether from the day the will was opened, or from the day he is called to manage the business, that is, after the fourteenth year is completed?
Modestinus respondit excusationem a cura tunc necessariam esse, cum decreto praetoris seu praesidis confirmatus curator fuerit.
Modestinus replied that an excuse from curatorship is necessary at that time when he has been confirmed as curator by a decree of the praetor or the governor.

Notes

  1. §27.1.16.prcitra appellationem — The preposition "citra" means "short of" or "without." Here, it refers to a legal exception, meaning "without having to go through a formal appeal procedure."
  2. §27.1.16.prex quo ad negotia gerenda uocatur — "ex quo" is understood as a relative clause with the omission of the feminine noun "die" (i.e., "ex [die] quo [die]"), structured in parallel with the preceding "ex die aperti testamenti."
  3. §27.1.16.prpost quartum decimum annum impletum — A prepositional phrase with the past participle "impletum" agreeing with the noun "annum" (an "ab urbe condita" construction), literally meaning "after the fourteenth year having been completed," i.e., "after completing the fourteenth year." This refers to the attainment of puberty for males, when tutorship ends and curatorship begins.

Cite this passage

Justinian I, The Digest of Justinian §27.1.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.1.16.pr

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