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Justinian I · The Digest of Justinian §27.8.8.pr

Surviving Magistrate's Full Liability on Colleague's Death Without Heirs

Passage 4058 of 9271 · Latin

Summary

Modestinus replies that if one of the joint magistrates who demanded security from curators dies without an heir, the surviving colleague is indeed liable for the full indemnity.

[MODESTINUS libro sexto responsorum. ] §27.8.8.prMagistratus a curatoribus adulti cautionem exegerunt rem saluam fore: ex his alter sine herede decessit: quaero, an indemnitatem in solidum collega eius praestare debeat.
[MODESTINUS, in the sixth book of Opinions.] Magistrates demanded from the curators of an adult security that the property would be safe; of these magistrates, one died without an heir. I ask whether his colleague ought to make good the indemnity for the whole amount.
Modestinus respondit nihil proponi, cur non debeat.
Modestinus replied that nothing was put forward to show why he should not.

Notes

  1. §27.8.8.prex his — While the demonstrative pronoun could contextually refer to either the curators (curatores) or the magistrates (magistratus), the subsequent mention of 'collega' (colleague) indicates that it refers to one of the 'magistrates' who shared the office.
  2. §27.8.8.prnihil proponi, cur non debeat — This is an accusative with infinitive construction in indirect speech (nihil proponi) containing a relative clause of cause (cur non debeat). Literally, 'nothing is put forward as to why he should not,' which substantively means he is indeed liable.

Cite this passage

Justinian I, The Digest of Justinian §27.8.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.8.8.pr

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