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Justinian I · The Digest of Justinian §27.1.34.pr

Guardians Appointed by the Praetor and the Testator's Will

Passage 3975 of 9271 · Latin

Summary

The author argues that a person appointed as guardian by the praetor, despite having an exemption, is not in the same position as the previously mentioned cases, since he did not act against the testator's will.

[IDEM libro septimo quaestionum. ] §27.1.34.prEx his apparet non esse his similem eum, quem praetor tutorem dedit, cum posset uti inmunitate: hic enim nihil contra iudicium fecit testatoris.
[THE SAME, from the seventh book of Questions.] From these things it is apparent that he whom the praetor has appointed as guardian, although he could have availed himself of an exemption, is not similar to these: for this man has done nothing contrary to the judgment of the testator.
nam quem ille non dedit tutorem, eum uoluisse tutelam administrare filii dicere non possumus.
For we cannot say that he (the testator) wished that a person whom he did not appoint as guardian should administer the guardianship of his son.

Notes

  1. §27.1.34.prcum posset uti inmunitate — The cum clause with the imperfect subjunctive posset expresses concession ("although he could have availed himself of").
  2. §27.1.34.prquem ille non dedit tutorem, eum uoluisse tutelam administrare — An accusative with infinitive construction governed by dicere non possumus ("we cannot say"). The implied subject of uoluisse ("wished") is the testator, while eum ("him") is the subject of the subordinate infinitive administrare ("to administer").

Cite this passage

Justinian I, The Digest of Justinian §27.1.34.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.1.34.pr

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