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Justinian I · The Digest of Justinian §27.4.5.pr

Payment of Debt by Tutor's Heir and the Contrary Action

Passage 4024 of 9271 · Latin

Summary

Ulpian replies that if the heir of a tutor has paid the sum for which the pupils were liable, the heir can bring a contrary action of tutelage against them to recover the amount.

[ULPIANUS libro primo responsorum. ] §27.4.5.prHeredem tutoris, si eam summam soluerit, in quam obligati pupilli fuerunt, actionem contrariam aduersus eos habere posse respondi.
[ULPIAN, Opinions, book 1] I replied that the heir of a tutor, if he has paid that sum in respect of which the pupils were liable, can bring the contrary action against them.

Notes

  1. §27.4.5.prin quam obligati pupilli fuerunt — The preposition in governing the accusative relative pronoun quam expresses the sum or scope of liability. obligati fuerunt is a perfect passive, meaning 'the pupils were liable' or 'had been bound'.
  2. §27.4.5.practionem contrariam — Refers to the 'contrary action' (actio contraria tutelae). In the context of guardianship, while the pupil brings a direct action (actio directa) against the tutor, the tutor (or his heir) can bring this contrary action against the pupil to recover expenses or liabilities discharged.

Cite this passage

Justinian I, The Digest of Justinian §27.4.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.4.5.pr

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