Humanitext Reader

Justinian I · The Digest of Justinian §27.1.20.pr

Exemption or Removal of a Tutor Contesting Ward's Inheritance

Passage 3961 of 9271 · Latin

Summary

Discusses that when an uncle claims that the pupil was disinherited and that he himself is the heir, it is equitable to appoint another tutor for the pupil by accepting the uncle's excuse, or, if he does not seek an excuse, by removing him from the tutelage, and thus to resolve the lawsuit concerning the inheritance.

[IULIANUS libro uicesimo digestorum. ] §27.1.20.prSi pupillum patruus contendat exheredatum esse et se heredem scriptum, aequum est tutorem pupillo dari recepta patrui excusatione uel, si nolit excusationem petere, remoto eo a tutela ita litem de hereditate expedire.
[JULIAN, from the twentieth book of the Digests.] If an uncle should contend that his pupil has been disinherited and that he himself has been appointed heir, it is equitable that a tutor be given to the pupil, after accepting the uncle's excuse, or, if he does not wish to seek an excuse, after removing him from the tutelage, that the lawsuit concerning the inheritance be thus dispatched.

Notes

  1. §27.1.20.prse heredem scriptum — The reflexive pronoun 'se' serves as the subject accusative of the infinitive clause, referring back to 'patruus' (the uncle), the subject of 'contendat'. 'esse' is omitted after 'scriptum'.
  2. §27.1.20.prexpedire — An active infinitive depending on 'aequum est'. It takes 'litem' (lawsuit, accusative) as its object. Although some editions emend it to the passive 'expediri' ('to be dispatched'), if we follow the manuscript reading 'expedire', the implied subject is the newly appointed tutor or an indefinite pronoun, meaning '(for the tutor) to dispatch the lawsuit'.

Cite this passage

Justinian I, The Digest of Justinian §27.1.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.1.20.pr

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