Humanitext Reader

Justinian I · The Digest of Justinian §27.3.13.pr

Actions for Acts Performed After Tutelage Ends

Passage 4007 of 9271 · Latin

Summary

The text discusses whether actions performed by a former guardian after the termination of guardianship fall under the action of guardianship or the action for management of affairs, and the liability of a former guardian appointed as a curator.

[ULPIANUS libro trigesimo quinto ad edictum. ] §27.3.13.prSi tutor post pubertatem pupilli negotia administrauerit, in iudicium tutelae ueniet id tantum, sine quo administratio tutelae expediri non potest: si uero post pubertatem pupilli is qui tutor eius fuerat fundos eius uendiderit, mancipia et praedia comparauerit, neque uenditionis huius neque emptionis ratio iudicio tutelae continebitur.
[ULPIANUS in his thirty-fifth book On the Edict] If a guardian has managed affairs after the puberty of the ward, only that without which the administration of the guardianship cannot be settled will come into the judgment of guardianship. But if, after the puberty of the ward, he who had been his guardian has sold his lands, or purchased slaves and estates, the accounting of neither this sale nor purchase will be included in the judgment of guardianship.
et est uerum ea quae conexa sunt uenire in tutelae actionem: sed et illud est uerum, si coeperit negotia administrare post tutelam finitam, deuolui iudicium tutelae in negotiorum gestorum actionem: oportuit enim eum a semet ipso tutelam exigere.
And it is true that those things which are connected come into the action of guardianship; but it is also true that, if he has begun to manage affairs after the end of the guardianship, the judgment of guardianship is transferred to the action for management of affairs; for he ought to have demanded the accounting of the guardianship from himself.
sed et si quis, cum tutelam administrasset, idem curator adulescenti fuerit datus, dicendum est negotiorum gestorum eum conueniri posse.
But also, if anyone, after having administered a guardianship, has been appointed curator to the same young man, it must be said that he can be sued by the action for management of affairs.

Notes

  1. §27.3.13.prdeuolui iudicium tutelae in negotiorum gestorum actionem — The verb deuolui is a passive infinitive forming an accusative-and-infinitive clause with iudicium tutelae, which depends on the preceding phrase illud est uerum. The conditional clause si coeperit...finitam is nested within this infinitive structure, indicating the shift of legal actions.
  2. §27.3.13.proportuit enim eum a semet ipso tutelam exigere — The infinitive clause eum ... exigere with its accusative subject eum functions as the subject of the impersonal verb oportuit. The phrase a semet ipso (from himself) modifies exigere (to demand). This expresses a conceptual duty to settle the account of the prior guardianship with himself before commencing a distinct management of affairs.

Cite this passage

Justinian I, The Digest of Justinian §27.3.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.3.13.pr

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