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Justinian I · The Digest of Justinian §29.2.44.pr

Transactions by Abstaining Pupillary Heirs and Buyer Protection

Passage 4447 of 9271 · Latin

Summary

This section explains that when a pupil becomes an heir to his father and abstains from the inheritance, any transactions made by the pupil in good faith must be held valid, and a third party who bought land from him with the tutor's consent should be protected, regardless of the pupil's solvency.

[IDEM libro quadragesimo septimo digestorum. ] §29.2.44.prQuotiens pupillus patri heres exstitit et abstinet se hereditate, quamuis patris bona sub creditoribus fiant, tamen rata haberi debent, quaccumque pupillus bona fide gesserit: et ideo ei, qui fundum tutore auctore a pupillo emerit, succurrendum erit: nec interest, pupillus soluendo sit nec ne.
[THE SAME, in the forty-seventh book of Digests.] Whenever a pupil has become heir to his father and abstains from the inheritance, although the father's goods come under the power of the creditors, nevertheless, whatever the pupil has done in good faith ought to be held valid; and therefore, relief must be given to him who has bought land from the pupil with the authority of his tutor; nor does it matter whether the pupil is solvent or not.

Notes

  1. §29.2.44.prquaccumque — A variant spelling (or scribal error) for `quaecumque`, the neuter plural accusative of the relative pronoun `quicumque`. It introduces a relative clause that contains its own antecedent and functions as the direct object of `gesserit` (perfect subjunctive 3rd person singular of `gerere`, 'to conduct/transact'). The entire clause serves as the subject of `rata haberi debent`.
  2. §29.2.44.prtutore auctore — An ablative absolute construction of the noun-noun type consisting of the noun `tutor` (tutor) and the noun `auctor` (authorizer, guarantor). It means 'with the tutor acting as authorizer,' i.e., 'with the tutor's consent/authority'.
  3. §29.2.44.prsoluendo — The dative of the gerund of the verb `solvere` (to pay). Used with `esse` (`sit`) in an indirect question clause dependent on the impersonal `interest`, the idiom `soluendo esse` means 'to be solvent' (literally, 'to be for paying' or 'fit for paying').

Cite this passage

Justinian I, The Digest of Justinian §29.2.44.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.44.pr

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