Humanitext Reader

Justinian I · The Digest of Justinian §27.6.6.pr

Imputation of Guardian's Knowledge and Restitution to Ward

Passage 4036 of 9271 · Latin

Summary

Paulus states that the knowledge of the tutor, not the ward, should be taken into account, and notes Julian's opinion that restoring the actual property to the ward is preferable to letting them rely on the uncertain outcome of a security.

[PAULUS libro duodecimo ad edictum. ] §27.6.6.prPupilli scientia computanda non est, tutoris eius computanda est: utique etsi pupillo cautum sit, melius dicitur rem suam restitui pupillo quam incertum cautionis euentum eum spectare: quod et Iulianus, si alias circumuentus sit pupillus, respondit.
[PAULUS libro duodecimo ad edictum.] The knowledge of the ward is not to be taken into account, but that of his tutor must be; in any case, even if security has been given to the ward, it is said to be better for his property to be restored to the ward than for him to await the uncertain outcome of the security; and Julian also answered thus, if the ward had been circumvented in any other way.

Notes

  1. 27.6.6.prcomputanda non est — A gerundive construction expressing necessity or obligation, meaning "ought not to be taken into account."
  2. 27.6.6.prcautum sit — The subjunctive perfect of the impersonal passive construction of caveo ("security is given"), triggered by the concessive conjunction etsi ("even if").
  3. 27.6.6.prmelius dicitur rem suam restitui pupillo quam incertum cautionis euentum eum spectare — Two accusative with infinitive (A.c.I.) clauses are compared via quam as the subject of the impersonal expression melius dicitur ("it is said to be better"). The first clause is 'rem suam restitui pupillo' (that his property be restored to the ward; restitui is passive), and the second is 'eum spectare incertum cautionis eventum' (that he await the uncertain outcome of the security; eum is the subject accusative of spectare).

Cite this passage

Justinian I, The Digest of Justinian §27.6.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.6.6.pr

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