[MODESTINUS libro secundo responsorum. ] §4.4.29.prEtiamsi patre eodemque tutore auctore pupillus captus probari possit, curatorem postea ei datum nomine ipsius in integrum restitutionem postulare non prohiberi.
[MODESTINUS in the second book of the Opinions.] Even if it can be proved that a pupil was defrauded under the authority of his father who was also his tutor, the curator subsequently appointed for him is not prohibited from petitioning for restitution in integrum in his name.
Ex causa curationis condemnata pupilla aduersus unum caput sententiae restitui uolebat, et quia uidetur in ceteris litis speciebus releuata fuisse, actor maior aetate, qui adquieuit tunc temporis sententiae, dicebat totam debere litem restaurari.
A female pupil, having been condemned in an action arising from guardianship, wished to be restored against one head of the judgment; and since she seemed to have been relieved in the other matters of the dispute, the plaintiff, who was of full age and had at that time acquiesced in the judgment, asserted that the entire lawsuit ought to be reopened.
Herennius Modestinus respondit, si species, in qua pupilla in integrum restitui desiderat, ceteris speciebus non cohaeret, nihil proponi, cur a tota sententia recedi actor postulans audiendus est.
Herennius Modestinus replied that if the matter in which the female pupil desires to be restored in integrum is not connected with the other matters, no reason is shown why the plaintiff, who petitions to withdraw from the entire judgment, should be heard.
§4.4.29.1Si hereditate patris aetatis beneficio in integrum restitutus abstinuit se nemine de creditoribus paternis praesente uel ad agendum a praeside euocato, an ea restitutio recte facta uideatur, quaeritur.
If a person, restored in integrum by the benefit of age from his father's inheritance, has abstained from it without any of his father's creditors being present or summoned by the governor to take action, the question is whether that restitution is deemed to have been validly made.
Herennius Modestinus respondit, cum non euocatis creditoribus in integrum restitutionis decretum interpositum proponatur, minime id creditoribus praeiudicasse.
Herennius Modestinus replied that since it is stated that the decree of restitution in integrum was interposed without the creditors having been summoned, this has by no means prejudiced the creditors.