Humanitext Reader

Justinian I · The Digest of Justinian §27.5.3.pr

Liability of a Tutor Managing Affairs Unaware of Appointment

Passage 4028 of 9271 · Latin

Summary

Addressing the question of whether a person who managed a ward's affairs without knowing he was appointed tutor by will is liable as a tutor or as a pro-tutor, the jurist replies that he is not liable as a tutor, because awareness of being a tutor is necessary for the proper intent.

[IAUOLENUS libro quinto epistularum. ] §27.5.3.prQuaero, an is qui, cum tutor testamento datus esset et id ipsum ignoraret, pro tutore negotia pupilli gesserit, quasi tutor an quasi pro tutore negotia gesserit, teneatur.
[IAUOLENUS libro quinto epistularum.] I ask whether a person who, having been appointed tutor by will and being ignorant of this very fact, managed the affairs of the ward as if he were a tutor, is liable as a tutor or as one who managed affairs as a tutor.
respondit: non puto teneri quasi tutorem, quia scire quoque se tutorem esse debet, ut eo affectu negotia gerat, quo tutor gerere debeat.
He replied: I do not think he is liable as a tutor, because he must also know that he is a tutor, so that he may manage the affairs with that disposition with which a tutor ought to manage them.

Notes

  1. §27.5.3.pran is... teneatur — An indirect question clause introduced by the verb `Quaero` (I ask). The main verb of the clause is `teneatur` (subjunctive present passive) at the end, and its subject is `is [qui ... gesserit]`.
  2. §27.5.3.prnon puto teneri quasi tutorem — An accusative with infinitive construction depending on `puto` (`teneri` is the present passive infinitive). The subject accusative `eum` (him) is omitted, and `quasi tutorem` agrees in case with this omitted subject.
  3. §27.5.3.preo affectu... quo — `eo affectu` (with that disposition/intent) is an ablative of manner (or attendant circumstance). The antecedent of the relative pronoun `quo` (ablative) is `affectu`, and the relative clause `quo tutor gerere debeat` means "with which a tutor ought to manage [the affairs]."

Cite this passage

Justinian I, The Digest of Justinian §27.5.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.5.3.pr

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.