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Justinian I · The Digest of Justinian §4.4.42.pr

Restitution of Minors Against Judgments and Effect of Appeal

Passage 744 of 9271 · Latin

Summary

The text states that a provincial governor can restore a minor to their original position even against his own or his predecessor's judgment, explaining that the benefit of age for minors achieves the same effect as an appeal does for adults.

[ULPIANUS libro secundo de officio proconsulis. ] §4.4.42.prPraeses prouinciae minorem in integrum restituere potest etiam contra suam uel decessoris sui sententiam: quod enim appellatio interposita maioribus praestat, hoc beneficio aetatis consequuntur minores.
[ULPIAN, in the second book on the Office of Proconsul.] The governor of a province can restore a minor to his original position even against his own judgment or that of his predecessor; for what the filing of an appeal affords to adults, minors obtain by the benefit of their age.

Notes

  1. §4.4.42.prappellatio interposita — The past participle `interposita` is used attributively with the noun `appellatio` to express the action itself ("the filing of an appeal", often called the ab urbe condita construction), functioning as the subject of the verb `praestat`.
  2. §4.4.42.prquod ... praestat, hoc ... consequuntur — The clause introduced by the relative pronoun `quod` (`quod ... praestat`) acts as the antecedent to the demonstrative pronoun `hoc` in the main clause. Together they function as the direct object of the verb `consequuntur` ("what ... affords, this they obtain").

Cite this passage

Justinian I, The Digest of Justinian §4.4.42.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.4.42.pr

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