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Justinian I · The Digest of Justinian §42.5.23.pr

Ward's Privilege Against Friendly Managers of Affairs

Passage 6972 of 9271 · Latin

Summary

Presents Paul's view that when the property of someone who managed an underage person's business out of friendship is sold, the pupil's privilege must be preserved.

[PAULUS libro sexagesimo ad edictum. ] §42.5.23.prSi negotium impuberis aliquis ex officio amicitiae gesserit, debet bonis eius uenditis priuilegium pupillo conseruari: et ita accepi.
[PAULUS, on the Edict, book 60] If anyone has managed the business of an underage person out of a duty of friendship, the privilege ought to be preserved for the pupil when his property is sold; and this is how I have understood it.

Notes

  1. §42.5.23.prbonis eius uenditis — An ablative absolute construction. The demonstrative pronoun eius refers to the preceding aliquis (the person who managed the business). Thus, it describes the situation where the manager's property is sold by creditors, not the sale of the pupil's own property.
  2. §42.5.23.pret ita accepi — The perfect tense of the verb accipio (to receive, to understand). In legal texts, this is an idiomatic expression meaning "I have received and accepted this as the rule / this is how I have been taught to understand it," showing approval of a traditional juristic opinion.

Cite this passage

Justinian I, The Digest of Justinian §42.5.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.5.23.pr

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