Humanitext Reader

Justinian I · The Digest of Justinian §27.3.7.pr-27.3.7.1

Actions Arising from Inheritance and Guardians Captured by Enemies

Passage 4001 of 9271 · Latin

Summary

Discusses the ward's right of action against their guardian when inheriting from someone whose guardianship that guardian had administered, and the termination of guardianship when the guardian is captured by the enemy, allowing suits against sureties, defenders, or curators.

[IDEM libro trigesimo quinto ad edictum. ] §27.3.7.prSi pupillus heres exstiterit ei, cuius tutelam tutor suus gesserat, ex hereditaria causa cum tutore suo habebit actionem.
[THE SAME in his thirty-fifth book on the Edict] If a ward becomes the heir to one whose guardianship his own guardian had administered, he will have an action against his guardian on hereditary grounds.
§27.3.7.1Si tutor in hostium potestatem peruenerit, quia finita tutela intellegitur, fideiussores, qui pro eo rem saluam fore spoponderint, et si quis existat defensor eius, qui paratus est suscipere iudicium tutelae, uel si quis sit curator bonis eius constitutus, recte conuenientur:
If a guardian falls into the power of the enemy, since the guardianship is understood to be ended, the sureties who promised on his behalf that the property would be safe, and any defender of his who may appear prepared to undertake the trial of guardianship, or any curator appointed for his goods, will be properly sued:

Notes

  1. §27.3.7.prex hereditaria causa — Meaning 'on hereditary grounds' or 'by reason of inheritance.' It indicates that the ward, having become the heir (heres) of the deceased whose guardianship the ward's own guardian had administered, can bring an action based on the rights acquired through inheritance.
  2. §27.3.7.1rem saluam fore — An accusative with infinitive clause serving as the object of spoponderint (promised), where fore is the future infinitive (futurum esse), meaning 'that the property would be safe.'
  3. §27.3.7.1recte conuenientur — The main verb is in the plural (conuenientur), encompassing not only the direct subject fideiussores (sureties) but also the defensor (defender) and curator introduced by the conditional clauses (si...), indicating collectively who can be properly sued.

Cite this passage

Justinian I, The Digest of Justinian §27.3.7.pr-27.3.7.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.3.7.pr-27.3.7.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.