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Justinian I · The Digest of Justinian §27.3.10.pr

Guardian's Debt to the Ward and Action Against His Heir

Passage 4004 of 9271 · Latin

Summary

Explains that if a guardian owes a debt to the pupillus, the actions are suspended during the guardianship, but after the guardian's death, the pupillus has an action against the guardian's heir because the guardian was under a duty to pay himself.

[PAULUS libro octauo breuis edicti. ] §27.3.10.prSed non dantur pupillo, dum tutor tutelam gerit: quamuis enim morte tutoris intereant, tamen pupillus cum herede eius actionem habet, quia sibi soluere debuit.
[PAULUS in his eighth book On the Short Edict] But they are not granted to the pupillus while the guardian is administering the guardianship: for although they may perish by the death of the guardian, nevertheless the pupillus has an action against his heir, because he ought to have paid himself.

Notes

  1. 27.3.10.prnon dantur — The subject of the third-person plural passive verb `dantur` is "actions" (actiones) supplied from the preceding section, specifically referring to actions on debts that the guardian owes to the pupillus. During the guardianship, since the guardian himself represents the pupillus, he cannot bring an action against himself, and thus the granting of such actions is suspended.
  2. 27.3.10.prquia sibi soluere debuit — The dative reflexive pronoun `sibi` refers to the subject, the guardian (tutor). It means that the guardian, as the administrator of the pupillus's estate, had a duty to exact payment from and pay to himself (for the benefit of the pupillus). Since he is liable for this omission (failure to pay himself), even if the original debt itself might perish with the guardian's death, an action (arising from the administration) can still be brought against his heir.

Cite this passage

Justinian I, The Digest of Justinian §27.3.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.3.10.pr

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