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Justinian I · The Digest of Justinian §27.9.14.pr

Land Sale Under Invalid Will and Imperial Address

Passage 4073 of 9271 · Latin

Summary

Paulus's opinion that tutors or curators are not deemed to have violated the imperial address restricting the alienation of pupil's property if they sold the rustic estate in accordance with the deceased's will, even if that will was subsequently found to be invalid.

[PAULUS libro nono responsorum. ] §27.9.14.prPaulus respondit, etsi testamentum patris postea irritum esse apparuit, tamen tutores pupilli siue curatores filii nihil contra orationem diuorum principum fecisse uideri, si secundum uoluntatem defuncti testamento scriptam praedium rusticum pupillare uendiderunt.
[PAULUS, in the ninth book of Opinions.] Paulus replied that, even if it afterwards appeared that the father's will was invalid, nevertheless the tutors of the pupil or the curators of the son are not considered to have done anything contrary to the address of the divine emperors, if they sold the pupil's rustic estate in accordance with the will of the deceased written in the testament.

Notes

  1. §27.9.14.prnihil contra orationem diuorum principum fecisse uideri — In the indirect discourse introduced by the main verb `respondit`, `tutores... siue curatores` serves as the accusative subject and `uideri` is the infinitive (passive, meaning 'to seem' or 'to be deemed'). Furthermore, `nihil... fecisse` (perfect active infinitive) acts as the complement to `uideri`. The overall structure means 'that [the tutors...] are deemed not to have done anything contrary to...'.
  2. §27.9.14.prtestamentum patris postea irritum esse apparuit — A subordinate clause led by `etsi` (even if). The accusative with infinitive phrase `testamentum... irritum esse` (that the testament was invalid) acts as the complement to `apparuit`, forming the meaning 'it appeared afterwards that the father's testament was invalid.'

Cite this passage

Justinian I, The Digest of Justinian §27.9.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.9.14.pr

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