Humanitext Reader

Justinian I · The Digest of Justinian §3.5.43.pr

Action Denied for Requesting Guardian Out of Friendship

Passage 615 of 9271 · Latin

Summary

This text explains that under a constitution of the divine Severus, a person who arranged for a guardian out of friendship with the deceased father of the wards has no action against those wards.

[ULPIANUS libro sexto disputationum. ] §3.5.43.prIs, qui amicitia ductus paterna pupillis tutorem petierit uel suspectos tutores postulauit, nullam aduersus eos habet actionem secundum diui Seueri constitutionem.
[ULPIANUS, Disputations, Book VI] He who, led by friendship with their father, has requested a guardian for wards or has petitioned against suspect guardians, has no action against them, according to a constitution of the divine Severus.

Notes

  1. §3.5.43.pramicitia ductus paterna — The adjective paterna refers to friendship (amicitia) "with [or towards] the deceased father" of the wards (pupillis). ductus is a perfect passive participle agreeing with the subject is, modified by the ablative of cause/means amicitia paterna.
  2. §3.5.43.preos — The demonstrative pronoun eos (accusative plural masculine) refers back to pupillis (the wards), not tutores (the guardians). It indicates that the person who acted out of benevolence cannot bring an action (such as for recovery of expenses based on negotiorum gestio) against the wards themselves.

Cite this passage

Justinian I, The Digest of Justinian §3.5.43.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.5.43.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.