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Justinian I · The Digest of Justinian §27.3.17.pr

Denial of Litigation Costs from Guardians Contesting Debt

Passage 4011 of 9271 · Latin

Summary

A rescript of the Emperors stating that while it is disputed whether any debt is owed by guardians or curators, the ward's demand that they supply money for litigation expenses is unreasonable.

[IDEM libro tertio de officio consulis. ] §27.3.17.prImperatores Seuerus et Antoninus rescripserunt in haec uerba: 'Cum hoc ipsum quaeratur, an aliquid tibi a tutoribus uel curatoribus debeatur, non habet rationem postulatio tua uolentis in sumptum litis ab his tibi pecuniam subministrari'.
[THE SAME, in his third book On the Office of Consul.] The Emperors Severus and Antoninus replied by rescript in these words: 'Since this very point is being questioned, whether anything is owed to you by your guardians or curators, your demand as one who wishes money to be supplied to you by them for the expenses of the lawsuit has no reason.'

Notes

  1. §27.3.17.prtua uolentis — The participle uolentis is in the genitive singular to agree logically with the personal pronoun 'of you' implied by the possessive adjective tua (which grammatically agrees with the nominative feminine singular postulatio). This is a classical Latin construction of a genitive participle in apposition to a possessive pronoun.
  2. §27.3.17.prpecuniam subministrari — An accusative with infinitive clause (accusative subject + passive infinitive) acting as the object of the present participle uolentis, meaning 'that money be supplied'.

Cite this passage

Justinian I, The Digest of Justinian §27.3.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.3.17.pr

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