Justinian I · The Digest of Justinian §27.6.12.pr

Action Against One Falsely Claiming Guardianship

Passage 4042 of 9271 · Latin

Summary

Ulpian states that a person who falsely claims to be a tutor in response to an inquiry is not held liable merely by the answer itself, but if the answer leads the youth into a disadvantage, an analogous action (actio utilis) should be granted against him.

[IDEM libro primo responsorum. ] §27.6.12.prEx eo, quod interrogatus tutorem se esse respondit, nulla eum actione teneri: si tamen, cum tutor non esset, responso suo in aliquam captionem adulescentem induxit, utilem actionem aduersus eum dandam.

[THE SAME, in the first book of Opinions.] From the fact that, on being asked, he answered that he was a tutor, he is held liable under no action; if, however, when he was not a tutor, he led the youth into some disadvantage by his answer, an analogous action ought to be granted against him.

Notes

27.6.12.prEx eo, quod — The phrase 'ex eo, quod...' means 'from the fact that...'. Here, the main verb of saying (such as 'scribit' or 'respondit') is omitted in indirect speech, introducing the main accusative with infinitive clause 'teneri' and the gerundive 'dandam [esse]'.
27.6.12.prcaptionem — In juristic Latin, 'captio' means 'disadvantage', 'detriment', or 'deception'. Here, it refers to leading the youth into a financially or legally disadvantageous position.
27.6.12.prutilem actionem — Refers to the 'analogous action' (actio utilis), which was granted by the praetor on grounds of equity in cases where the strict requirements of a civil law action (actio directa) were not met, but a similar protection was deemed necessary.

Cite this passage

Justinian I, The Digest of Justinian §27.6.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.6.12.pr

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