Justinian I · The Digest of Justinian §4.4.2.pr

Denial of Early End to Curatorship by Reason of Children

Passage 703 of 9271 · Latin

Summary

The text presents the ruling of the deified Severus that the statutory age reduction granted for having children applies only to holding public offices, and cannot be used by a minor to recover property management from curators early.

[IDEM libro nono decimo ad legem Iuliam et Papiam. ] §4.4.2.prNec per liberos suos rem suam maturius a curatoribus recipiat.

[THE SAME, in the nineteenth book on the Lex Julia et Papia.] Nor can anyone, by reason of their children, receive their property from curators earlier than usual.

quod enim legibus cauetur, ut singuli anni per singulos liberos remittantur, ad honores pertinere diuus Seuerus ait, non ad rem suam recipiendam.

For the deified Severus says that the provision made by the laws, that one year is remitted for each child, pertains to public offices, and not to the recovery of one's own property.

Notes

§4.4.2.prrecipiat — The present subjunctive (third person singular) expresses a normative prohibition or impossibility ("one cannot/should not receive"). The implied subject is the minor, carried over from the adulescentes in the previous fragment.
§4.4.2.prquod enim legibus cauetur, ut singuli anni per singulos liberos remittantur — The clause introduced by quod ("what is provided by the laws") is explained appositively by the ut clause ("that one year is remitted for each child"). This entire nominal structure serves as the subject (accusative) of the infinitive pertinere in the indirect speech introduced by ait.

Cite this passage

Justinian I, The Digest of Justinian §4.4.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.4.2.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.