Humanitext Reader

Justinian I · The Digest of Justinian §27.3.12.pr

Bar on Son Guardian Suing Father Before Ward's Puberty

Passage 4006 of 9271 · Latin

Summary

Paulus explains that a son who is a guardian cannot bring an action against his father regarding his administration before the ward's puberty, since no claim can be made until the guardianship is ended.

[PAULUS libro octauo breuis edicti. ] §27.3.12.prFilius autem tutor propter hoc suum factum cum patre agere non potest ante pubertatem, quia nec finita tutela hoc ab eo exigi potest.
[PAULUS in his eighth book On the Short Edict] However, a son who is a guardian cannot, on account of this act of his, bring an action against his father before the puberty of the ward, because, until the guardianship is ended, this cannot be demanded from him either.

Notes

  1. §27.3.12.prnec finita tutela — An ablative absolute construction meaning 'until the guardianship is ended' or 'as long as the guardianship is not ended'. The negative conjunction 'nec' ('and not') negates the possibility of the demand, creating the sense 'for, unless the guardianship is ended, this cannot be demanded...'
  2. §27.3.12.prab eo exigi potest — Regarding the referent of the pronoun 'eo'. Contextually, it can refer either to the 'son (filius)' who is the guardian, or to his 'father (patre)'. In either case, the logical structure implies that as long as the liability (hoc) cannot be demanded because the guardianship has not yet ended, the son cannot bring an action against his father.

Cite this passage

Justinian I, The Digest of Justinian §27.3.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.3.12.pr

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