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Justinian I · The Digest of Justinian §27.7.6.pr

Division of Liability for Sureties in Joint Guardianship

Passage 4048 of 9271 · Latin

Summary

If a ward accepted a judge against tutors and sureties, but upon the judge's death another was appointed against the sureties alone, the magistrate should allow a reduction to equal shares based on the solvent tutors' shares, provided their administration was shared.

[PAPINIANUS libro secundo responsorum. ] §27.7.6.prPupillus contra tutores eorumque fideiussores iudicem accepit: iudice defuncto, priusquam ad eum iretur, contra solos fideiussores alter iudex datus est.
[PAPINIANUS, in the second book of Opinions.] A ward accepted a judge against his tutors and their sureties; the judge having died before they went before him, another judge was appointed against the sureties alone.
officio cognoscentis conueniet, si tutores soluendo sint et administratio non dispar, sed communis fuit, portionum uirilium admittere rationem ex persona tutorum.
It will belong to the office of the judge who hears the case, if the tutors are solvent and the administration was not unequal but common, to admit the calculation of equal shares based on the persons of the tutors.

Notes

  1. 27.7.6.priudicem accepit — This refers to the stage of *litis contestatio* where the plaintiff (ward) and the defendants (tutors and sureties) agreed upon and accepted the judge designated to try the case.
  2. 27.7.6.prpriusquam ad eum iretur — The impersonal passive subjunctive `iretur` (literally "before it was gone to him") indicates the stage before the parties actually appeared before the appointed judge for the trial (*apud iudicem*).
  3. 27.7.6.profficio cognoscentis conueniet ... admittere — The infinitive `admittere` serves as the subject of the main verb `conueniet`. `officio` is a dative governed by `conueniet` ("it will be suitable for the office of..."), and is modified by the present participle in the genitive singular `cognoscentis` ("the one who hears/cognizes the case," referring to the magistrate).
  4. 27.7.6.prportionum uirilium — Literally "virile portions" (shares of a man/adult), this is a Roman legal term referring to equal, pro rata shares or divisions among multiple individuals (such as co-tutors or co-debtors).

Cite this passage

Justinian I, The Digest of Justinian §27.7.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.7.6.pr

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