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Justinian I · The Digest of Justinian §42.5.19.pr-42.5.19.1

Privilege of Pupils for Acts by Unauthorized Tutors

Passage 6968 of 9271 · Latin

Summary

After discussing the grant of privilege to women, the text explains the privilege of a pupil when someone manages affairs as a tutor without being one, and suggests that this should equitably extend to those under curatorship.

[ULPIANUS libro sexagesimo tertio ad edictum. ] §42.5.19.prdabimusque ex his causis ipsi mulieri priuilegium.
[Ulpianus, on the Edict, book 63] And we will grant a privilege to the woman herself for these reasons.
§42.5.19.1Si quis, cum tutor non esset, pro tutore negotia gessit, priuilegio locum esse manifestum est: nec interest, ipse debeat qui gessit siue heres eius ceterique successores.
If anyone, though he was not a tutor, managed affairs as a tutor, it is manifest that there is room for the privilege; and it makes no difference whether he himself who managed them owes, or his heir and other successors.
ipse autem pupillus habet priuilegium, sed eius successores non habent.
Moreover, the pupil himself has the privilege, but his successors do not have it.
sed aequissimum erit ceteros quoque, quibus curatores quasi debilibus uel prodigis dantur,
But it will be most equitable that others also, to whom curators are given as being, so to speak, disabled or prodigal, [should have it].

Notes

  1. §42.5.19.1priuilegio locum esse — An accusative-with-infinitive clause serving as the subject of the impersonal expression "manifestum est" (it is manifest). "priuilegio" is a dative (associated with "locum") meaning "there is room/place for the privilege".
  2. §42.5.19.1nec interest, ipse debeat — An indirect question clause containing the subjunctive "debeat" serves as the subject of the impersonal verb "interest" (it matters, it makes a difference). The subjunctive is used due to the indirect question.
  3. §42.5.19.1sed aequissimum erit — Although the clause is truncated at the end of this fragment, it introduces an accusative-with-infinitive construction as the subject of "aequissimum erit" (it will be most equitable), where "ceteros quoque..." is the subject accusative, and an infinitive (such as "priuilegio uti" or "habere") is implied or continued.

Cite this passage

Justinian I, The Digest of Justinian §42.5.19.pr-42.5.19.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.5.19.pr-42.5.19.1

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