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Justinian I · The Digest of Justinian §27.10.10.pr-27.10.10.1

Capacity of Interdicted Persons and Delivery by Curators

Passage 4083 of 9271 · Latin

Summary

On the lack of capacity to transfer property by those interdicted from their property by the praetor, and whether ownership is transferred when a curator of an insane person delivers property while confusing his own with that of the insane person.

[ULPIANUS libro sexto decimo ad edictum. ] §27.10.10.prIulianus scribit eos, quibus per praetorem bonis interdictum est, nihil transferre posse ad aliquem, quia in bonis non habeant, cum eis deminutio sit interdicta.
[ULPIANUS, in the sixteenth book on the Edict.] Julianus writes that those who have been interdicted from their property by the praetor cannot transfer anything to anyone, because they do not have it among their goods, since the diminution of their property has been interdicted to them.
§27.10.10.1Curator furiosi rem quidem suam quasi furiosi tradere poterit et dominium transferre: rem uero furiosi si quasi suam tradat, dicendum, ut non transferat dominium, quia non furiosi negotium gerens tradidit.
A curator of an insane person will indeed be able to deliver his own property as if it were the property of the insane person and transfer ownership; but if he delivers the property of the insane person as if it were his own, it must be said that he does not transfer ownership, because he did not deliver it while managing the business of the insane person.

Notes

  1. §27.10.10.prquibus per praetorem bonis interdictum est — This is an impersonal passive construction derived from the active active interdicere alicui (dative) aliqua re (ablative) meaning 'to interdict someone from something'. The relative pronoun quibus is in the dative case, and bonis is in the ablative of separation.
  2. §27.10.10.1dicendum, ut non transferat — After the gerundive dicendum (it must be said), instead of the expected accusative with infinitive (A.C.I.) construction, a clause with ut and the subjunctive (transferat) is introduced. It functions as a consecutive (result) or noun clause, meaning 'it must be said that [the result is that] he does not transfer ownership'.
  3. §27.10.10.1non furiosi negotium gerens — The negative particle non does not directly negate the main verb tradidit (he delivered), but rather negates the participial phrase furiosi negotium gerens (managing the business of the insane person). It indicates that the delivery was made 'not while managing the business of the insane person' (i.e. not in that capacity).

Cite this passage

Justinian I, The Digest of Justinian §27.10.10.pr-27.10.10.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.10.10.pr-27.10.10.1

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