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Justinian I · The Digest of Justinian §28.7.26.pr

Fulfillment of Conditions by a Ward Without Tutor's Authority

Passage 4346 of 9271 · Latin

Summary

Pomponius explains that if a ward is instituted heir or left a legacy under a condition, they can fulfill the condition without their tutor's authority, as the fulfillment of the condition makes it equivalent to an unconditional acquisition.

[POMPONIUS libro secundo ad Quintum Mucium. ] §28.7.26.prSi pupillus sub condicione heres institutus fuerit, condicioni etiam sine tutoris auctoritate parere potest.
[POMPONIUS, in the second book on Quintus Mucius.] If a ward has been instituted heir under a condition, he can comply with the condition even without the authority of his tutor.
idemque est et si legatum ei sub condicione relictum fuerit, quia condicione expleta pro eo est, quasi pure ei hereditas uel legatum relictum sit.
And the same is true if a legacy has been left to him under a condition, because, once the condition is fulfilled, it is equivalent to the inheritance or legacy having been left to him unconditionally.

Notes

  1. §28.7.26.prpro eo est, quasi — Meaning "it is equivalent to" or "it is just as if". The phrase `pro eo` (equivalent to that) is combined with the comparative conjunction `quasi` (which takes the subjunctive `relictum sit`) to indicate that the legal situation after the fulfillment of the condition is treated as legally identical to an unconditional (pure) acquisition from the beginning.
  2. §28.7.26.prpure — A Roman legal adverb meaning "unconditionally" or "simply" (literally, purely), in contrast with "under a condition" (sub condicione). Since the fulfillment of the condition removes any contingency, there is no potential disadvantage to the ward, and thus the tutor's authority (tutoris auctoritas) to supplement their legal capacity is not required.

Cite this passage

Justinian I, The Digest of Justinian §28.7.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.7.26.pr

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