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Justinian I · The Digest of Justinian §42.7.3.pr

Joint Liability and Right of Action for Multiple Curators

Passage 6999 of 9271 · Latin

Summary

This section explains the joint liability of multiple curators appointed for the same property, stating that a plaintiff can sue whichever curator they wish for the whole amount, just as any curator can sue for the whole.

[CELSUS libro uicensimo quarto digestorum. ] §42.7.3.prSi plures eiusdem bonorum curatores facti sunt, in quem eorum uult actor, in solidum ei datur actio tam quam quiuis eorum in solidum aget.
[CELSUS, Digest, Book 24] If several curators of the same property have been appointed, an action for the whole is granted to the plaintiff against whichever of them he wishes, just as any one of them can sue for the whole.

Notes

  1. 42.7.3.prin quem eorum uult actor, in solidum ei datur actio — The relative clause `in quem eorum uult actor` ("against whichever of them the plaintiff wishes") specifies the party being sued (the defendant), while the dative pronoun `ei` in the main clause refers to the plaintiff (`actor`). Thus, the structural meaning is "an action for the whole is granted to him [the plaintiff, `ei`] against whichever of them the plaintiff wishes."
  2. 42.7.3.prtam quam quiuis eorum in solidum aget — The comparative conjunction `tam quam` ("just as") draws a parallel between the passive capacity of the curators to be sued individually for the whole and their active capacity as plaintiffs, whereby any one of them can sue for the whole (`quiuis eorum... aget`). The verb `aget` is in the future indicative.

Cite this passage

Justinian I, The Digest of Justinian §42.7.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.7.3.pr

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