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Justinian I · The Digest of Justinian §42.4.10.pr

Treatment of a Ward Without a Guardian as Absent

Passage 6944 of 9271 · Latin

Summary

This fragment provides that if a ward is present but lacks a guardian, he must legally be regarded as absent.

[ULPIANUS libro octagensimo primo ad edictum. ] §42.4.10.prSi pupillus praesens sit, tutorem autem non habeat, pro absente habendus est.
[ULPIAN, book eighty-one on the edict.] If a ward is present, but does not have a guardian, he must be regarded as absent.

Notes

  1. §42.4.10.prpro absente habendus est — Meaning 'he must be regarded as absent.' The preposition pro with the ablative means 'as' or 'in the capacity of', and is used with the gerundive habendus (from habere, 'to regard') and est to form a passive periphrastic conjugation expressing obligation or necessity. Since a ward (pupillus) cannot perform valid legal acts without a guardian (tutor), even if physically present (praesens), he is legally treated as if he were absent.

Cite this passage

Justinian I, The Digest of Justinian §42.4.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.4.10.pr

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