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Justinian I · The Digest of Justinian §27.10.8.pr

Appointment of Curator for an Unborn Child and Security

Passage 4081 of 9271 · Latin

Summary

It is established that a curator should be appointed for the property of an unborn child and must provide security for its safety, unless the appointment is made after a formal inquiry.

[ULPIANUS libro sexto de officio proconsulis. ] §27.10.8.prBonorum uentris nomine curatorem dari oportet eumque rem saluam fore uiri boni arbitratu satisdare proconsul iubet: sed hoc, si non ex inquisitione detur: nam si ex inquisitione, cessat satisdatio.
[ULPIANUS, in the sixth book On the Office of Proconsul.] A curator ought to be appointed for property in the name of the unborn child, and the proconsul orders him to provide security, according to the judgment of a good man, that the property will be safe; but this is the case if he is not appointed after an inquiry: for if he is appointed after an inquiry, the provision of security ceases.

Notes

  1. §27.10.8.prrem saluam fore satisdare — The infinitive phrase with accusative rem saluam fore (that the property will be safe) expresses the object or content of satisdare (to provide security). rem is the accusative of res, saluam is its predicate adjective, and fore is the future infinitive (futurum esse).
  2. §27.10.8.pruiri boni arbitratu — An ablative phrase expressing manner or standard. The genitive uiri boni (of a good man) modifies the ablative arbitratu (by the judgment / arbitration), meaning "according to the judgment of a respectable citizen".
  3. §27.10.8.prex inquisitione — Composed of the preposition ex and the ablative inquisitione (inquiry, investigation). "Based on an inquiry". It indicates that the curator was appointed after a formal investigation into their eligibility by the magistrate, in which case the additional security (satisdatio) is excused.

Cite this passage

Justinian I, The Digest of Justinian §27.10.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.10.8.pr

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