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Justinian I · The Digest of Justinian §27.3.16.pr-27.3.16.1

Timing of Actions Against Guardians and Curators

Passage 4010 of 9271 · Latin

Summary

Discusses whether an action based on a stipulation against a guardian or their guarantors should be postponed until the end of guardianship, while stating that an action against a curator can be brought even during the curatorship.

[IDEM libro septuagesimo quarto ad edictum. ] §27.3.16.prSi cum tutore ex stipulatu agatur uel cum his qui pro eo interuenerunt, erit dubitatio, an, quia tutelae agi non potest, nec ex stipulatu agi possit.
[THE SAME, in his seventy-fourth book On the Edict] If an action is brought based on a stipulation against a guardian, or against those who have intervened on his behalf, there will be a doubt whether, because an action on guardianship cannot be brought, an action based on a stipulation can also not be brought.
et plerique putant etiam hanc actionem propter eandem utilitatem differendam.
And most jurists think that even this action should be postponed for the sake of the same utility.
§27.3.16.1Cum curatore pupilli siue adulescentis agi poterit, etsi usque adhuc cura perseueret.
An action can be brought against the curator of a pupil or a youth, even if the curatorship still continues up to this point.

Notes

  1. 27.3.16.prtutelae — The genitive tutelae denotes the subject matter of the lawsuit. Used with the impersonal passive agi, tutelae agi means "an action is brought concerning guardianship," representing the tutelae actio (action on guardianship). It reflects the legal rule that such an action could not be brought while the guardianship was still active.
  2. 27.3.16.prdifferendam — A gerundive from differo (to postpone). It functions as the predicate in the accusative with infinitive construction (A.C.I.) governed by the main verb putant, with the subject accusative hanc actionem and the omitted auxiliary verb esse. It expresses necessity or obligation ("should be postponed").

Cite this passage

Justinian I, The Digest of Justinian §27.3.16.pr-27.3.16.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.3.16.pr-27.3.16.1

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