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Justinian I · The Digest of Justinian §27.1.5.pr

Exemption When One Household Bears Three Burdens

Passage 3944 of 9271 · Latin

Summary

It stipulates that if there are three burdens of guardianship within a single household borne by a father, son, or brother under the same power, all members are exempt from guardianship, provided the administration is done with the father's consent and at his risk.

[ULPIANUS libro singulari de officio praetoris tutelaris. ] §27.1.5.prTria onera in domo una esse sufficit: proinde si pater alicuius uel filius uel frater qui est in eiusdem potestate tria onera sustineat, quae ad periculum patris sui spectent, quia uoluntate eius administrant, omnibus excusatio a tutela competit.
[ULPIAN from his single book on the Office of the Tutelary Praetor.] It is sufficient for there to be three burdens in one household: hence, if someone's father, or son, or brother who is under the power of the same head of the household, bears three burdens which fall upon the risk of their father, because they administer them by his consent, an excuse from guardianship is available to all.
sed si non patris uoluntate administrent, non prodesse saepe rescriptum est.
But if they do not administer them by the father's consent, it has often been stated in rescripts that this is of no benefit.

Notes

  1. §27.1.5.preiusdem potestate — 'eiusdem' (the same) refers in this context to the father of the 'alicuius' (someone) mentioned before, namely the same head of the household (paterfamilias). Thus, it means a brother under the power of the same paterfamilias.
  2. §27.1.5.prpericulum — 'periculum' (risk) is used here as a legal technical term referring to the financial liability or risk of loss arising from the administration of guardianships.
  3. §27.1.5.prnon prodesse — Although the subject is omitted, it means that the burdens of guardianship arising from administration without the father's consent do 'not benefit' (do not count as a ground for excuse for) other members of the family in the calculation of the three burdens.

Cite this passage

Justinian I, The Digest of Justinian §27.1.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.1.5.pr

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