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Justinian I · The Digest of Justinian §27.10.5.pr

Curatorship for Selling the Estates of Illustrious Persons

Passage 4078 of 9271 · Latin

Summary

This passage explains that when an illustrious person's goods must be sold, a curator is appointed by the praetor or provincial governor based on a senate decree to sell the goods in detail and protect their dignity.

[GAIUS libro nono ad edictum prouinciale. ] §27.10.5.prCurator ex senatus consulto constituitur, cum clara persona, ueluti senatoris uel uxoris eius, in ea causa sit, ut eius bona uenire debeant: nam ut honestius ex bonis eius quantum potest creditoribus solueretur, curator constituitur distrahendorum bonorum gratia uel a praetore uel in prouinciis a praeside.
[GAIUS, in the ninth book on the provincial edict.] A curator is appointed by a decree of the senate when an illustrious person, such as a senator or his wife, is in such a position that their goods must be sold; for in order that payment may be made to the creditors from their goods as respectably as possible, to the extent that it can be, a curator is appointed for the purpose of selling the goods in detail, either by the praetor or, in the provinces, by the governor.

Notes

  1. §27.10.5.pruenire — The present active infinitive of the irregular verb ueneo ('to be sold'). Although identical in form to uenire from uenio ('to come'), it has a passive meaning despite its active form.
  2. §27.10.5.prdistrahendorum bonorum gratia — A gerundive construction with gratia (governing the genitive, 'for the purpose of'). The verb distrahere here refers to 'selling in detail or piecemeal' (distractio bonorum) as opposed to a lump-sum bankruptcy sale (uenditio bonorum), a special procedure designed to preserve the debtor's dignity.
  3. §27.10.5.prut... solueretur — The verb in the purpose clause introduced by ut. Although the main verb constituitur is in the present tense, the imperfect subjunctive solueretur is used. This is an exceptional sequence of tenses, likely reflecting the historical enactment of the senate's decree or treating the institution as established in the past.

Cite this passage

Justinian I, The Digest of Justinian §27.10.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.10.5.pr

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