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Justinian I · The Digest of Justinian §27.3.19.pr

Relief of Former Guardian on Debt Approval by Curator

Passage 4013 of 9271 · Latin

Summary

A ruling that if the latest curator has approved a debtor's claim, it is futile to bring an action against the former guardian regarding that claim.

[ULPIANUS libro primo responsorum. ] §27.3.19.prSi probatum est nomen debitoris a nouissimo curatore, frustra tutorem de eo conueniri.
[ULPIAN, Opinions, Book 1] If the debt of the debtor has been approved by the latest curator, it is in vain for the guardian to be sued concerning it.

Notes

  1. §27.3.19.prnomen debitoris — Although nomen literally means "name," in a legal and financial context it refers to a "debt" or "claim" (an entry in an account book). Thus, nomen probatum est means that the debt was approved or accepted as good by the succeeding curator when taking over the administration.
  2. §27.3.19.prfrustra tutorem de eo conueniri — This main clause is structured as an accusative with infinitive (ACI) construction, featuring the accusative subject tutorem and the present passive infinitive conueniri (to be sued/summoned). This style is characteristic of summaries in the Digest, where a main verb of speaking or answering (such as "it was answered") is understood.

Cite this passage

Justinian I, The Digest of Justinian §27.3.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.3.19.pr

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