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Justinian I · The Digest of Justinian §3.5.14.pr

Status Change of the Managed Person and Actions

Passage 586 of 9271 · Latin

Summary

Citing Pomponius, the text discusses how a change in the status of the managed person (becoming of age, free, or a father-of-the-family) during the course of management affects legal actions, distinguishing between a single continuous affair and multiple distinct affairs.

[PAULUS libro nono ad edictum. ] §3.5.14.prPomponius libro uicensimo sexto in negotiis gestis initio cuiusque temporis condicionem spectandam ait.
[PAUL, on the edict, book nine] Pomponius, in the twenty-sixth book, says that in the management of affairs, the status [of the person managed] is to be looked at at the beginning of each period.
quid enim, inquit, si pupilli negotia coeperim gerere et inter moras pubes factus sit? uel serui aut filii familias et interea liber aut pater familias effectus sit? hoc et ego uerius esse didici, nisi si ab initio quasi unum negotium gesturus accessero, deinde alio animo ad alterum accessero eo tempore, quo iam pubes uel liber uel pater familias effectus est: hic enim quasi plura negotia gesta sunt et pro qualitate personarum et actio formatur et condemnatio moderatur.
For what, he says, if I have begun to manage the affairs of a ward, and during the delay he has become of age? Or those of a slave or a son-in-power, and meanwhile he has been made free or a father-of-the-family? I too have learned that this is more correct, unless indeed I have approached the matter at the beginning intending to manage it as if it were a single affair, and then approached another affair with a different intention at that time when he has already become of age, free, or a father-of-the-family: for in this case, it is as if several affairs have been managed, and both the action is framed and the condemnation is moderated according to the status of the persons.

Notes

  1. §3.5.14.prinitio cuiusque temporis — The ablative of time `initio` is qualified by the genitive `cuiusque temporis` (of each period). It refers to the beginning of each period demarcated by the change in the status of the managed person (e.g., from ward to adult, or slave to free person).
  2. §3.5.14.prnisi si — Introduces an exceptional condition. Two future perfect verbs `accessero` (I shall have approached) are coordinated, meaning "unless I approached at the beginning to manage it as a single affair, and then approached another with a different intention at the time of the change in status." If indeed one approached another affair with a different intention, it is treated as "several affairs (plura negotia)" as indicated by `hic` (in this case), and Pomponius's rule of evaluating the status at each period applies.

Cite this passage

Justinian I, The Digest of Justinian §3.5.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.5.14.pr

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