Humanitext Reader

Justinian I · The Digest of Justinian §42.5.5.pr

Sale of Estate of Undefended Minors

Passage 6954 of 9271 · Latin

Summary

It is laid down that a minor under twenty-five who has curators but lacks defense must suffer the sale of his goods, even if he does not conceal himself for the purpose of fraud.

[ULPIANUS libro sexagesimo ad edictum. ] §42.5.5.prSi minor uiginti quinque annis, qui habet curatores, a curatoribus non defendatur nec alium defensorem inueniat, bonorum uenditionem patitur, etsi non latitet, licet non fraudationis causa latitare uidetur, qui sui non est idoneus defensor.
[ULPIANUS, on the Edict, book 60] If a minor under twenty-five years of age, who has curators, is not defended by his curators nor finds another defender, he suffers the sale of his goods, even if he does not conceal himself, although he who is not an adequate defender of himself is not deemed to conceal himself for the purpose of defrauding.

Notes

  1. §42.5.5.prannis — Ablative of comparison with the comparative minor, meaning literally "younger than twenty-five years."
  2. §42.5.5.prlicet ... uidetur — The conjunction licet normally takes the subjunctive in classical Latin, but here it is used with the indicative uidetur. This usage is common in Silver and Late Latin.
  3. §42.5.5.prsui — Genitive of the reflexive pronoun, functioning as an objective genitive dependent on the noun defensor (or dependent on the adjective idoneus), meaning "of himself."

Cite this passage

Justinian I, The Digest of Justinian §42.5.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.5.5.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.