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Justinian I · The Digest of Justinian §27.1.35.pr

Liability and Punishment for Neglecting Guardianship

Passage 3976 of 9271 · Latin

Summary

Discusses the liability and punishment for the contumacy of a guardian who refuses to administer, relying on the suitability of others, and notes that one removed as suspect is even more unworthy of the father's judgment.

[IDEM libro uicesimo tertio quaestionum. ]
[THE SAME, from the twenty-third book of Questions.]\n\nBut what if he has not excused himself, but has refused to administer, content with the fact that the others were suitable?
§27.1.35.prQuid autem, si se non excusauerit, sed administrare noluerit contentus, quod ceteri idonei essent? hic poterit conueniri, si ab illis res seruari non potuisset.
This man can be sued if the property could not have been preserved by them.
sed hoc non quaerendum est, sed contumacia punienda est eius, qui quodammodo se excusauit.
But this is not what should be inquired into, but the contumacy of him who in a way excused himself must be punished.
multo magis quis dicere debebit indignum iudicio patris, qui ut suspectus remotus est a tutela.
Much more will one have to say that he who has been removed from guardianship as suspect is unworthy of the father's judgment.

Notes

  1. §27.1.35.prcontentus, quod ceteri idonei essent — The adjective `contentus` (satisfied, content) is used in the nominative singular, agreeing with the implied subject of `noluerit`, and takes a `quod` clause with the subjunctive (`essent`) to state the ground of his contentment.
  2. §27.1.35.prconueniri — Passive infinitive of `conuenire`. Here it is used in a technical, procedural sense meaning \"to be sued\" or \"to be summoned to court\" for the purpose of holding him liable.
  3. §27.1.35.prindignum iudicio patris — The adjective `indignus` governs the ablative (`iudicio`), meaning \"unworthy of the father's judgment\". `indignum` is in the accusative as the object of `dicere debebit` (modifying or acting as a predicate to an implied `eum`), which is the antecedent of the relative clause `qui...`.

Cite this passage

Justinian I, The Digest of Justinian §27.1.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.1.35.pr

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