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Justinian I · The Digest of Justinian §42.5.33.pr-42.5.33.1

Ward's Maintenance and Security for Defending the Debtor

Passage 6982 of 9271 · Latin

Summary

Ulpian discusses the reduction of a ward's goods for sustenance when they are undefended and seized, and the rules of giving security for defending a debtor before or after the possession of goods.

[ULPIANUS libro tertio regularum. ] §42.5.33.prSi pupillus ex contractu suo non defendatur ideoque bona eius creditores possidere coeperint, deminutio ex his bonis fieri debet uescendi pupilli causa.
[ULPIANUS in his third book of Rules.] If a ward is not defended in a suit arising from his own contract, and consequently his creditors have begun to take possession of his goods, a diminution must be made from these goods for the purpose of maintaining the ward.
§42.5.33.1Defendere debitorem sicut ante, quam bona eius possiderentur, licet, ita post bonorum quoque possessionem eius, siue ipse sui, siue alius defensionem eius suscipiat, debet satisdare, ut satisdatione interposita iudicium accipiatur et a possessione discedatur.
Just as it is permitted to defend a debtor before his goods are possessed, so also after the possession of his goods, whether he himself undertakes his own defense or another undertakes his defense, [the defender] must give security, so that, upon the security being provided, the trial may be accepted and the possession may be relinquished.

Notes

  1. §42.5.33.pruescendi pupilli — uescendi is the genitive of the gerund of the deponent verb uescor (to feed on, live on). pupilli is a subject genitive denoting the subject of the action of the gerund. Together with causa, it means "for the purpose of the ward being maintained (or feeding himself)."
  2. §42.5.33.1debet satisdare — The subject of debet (must) is the person who undertakes the defense, referred to in the preceding conditional clause "siue ipse ... siue alius ... suscipiat" (whether he himself or another). This defender is obligated to provide security (satisdare) to initiate the trial and release the possession.

Cite this passage

Justinian I, The Digest of Justinian §42.5.33.pr-42.5.33.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.5.33.pr-42.5.33.1

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