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Justinian I · The Digest of Justinian §27.3.8.pr

Captured Tutor's Postliminium and Claims on Sureties

Passage 4002 of 9271 · Latin

Summary

This section explains that although a guardian taken captive by the enemy may eventually restore his former guardianship by the right of postliminium, legal actions against his sureties, etc., during his absence are not barred.

[PAPINIANUS libro uicensimo octauo quaestionum. ] §27.3.8.prquamuis iure postliminii tutelam pristinam possit integrare.
[PAPINIANUS in his twenty-eighth book of Questions] although he may, by the right of postliminium, restore his former guardianship.

Notes

  1. §27.3.8.priure postliminii — Meaning 'by the right of postliminium'. When a Roman citizen was captured by the enemy, their legal status was temporarily suspended (or they were legally deemed deceased), but upon return, their citizenship and various legal rights (including guardianship, except for factual states like marriage or possession) were restored. 'iure' is an ablative of means or cause.
  2. §27.3.8.prquamuis ... possit — The compilers connected this concessive clause (quamuis + subjunctive present third-person singular) from Papinian's work directly to the main clause at the end of the preceding fragment written by Ulpian (which states that the sureties, etc., are properly sued). The subject is contextually the guardian who fell into the hands of the enemy.

Cite this passage

Justinian I, The Digest of Justinian §27.3.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.3.8.pr

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