Humanitext Reader

Justinian I · The Digest of Justinian §44.7.46.pr

Liability of Pupils and Insane Persons from Facts

Passage 7331 of 9271 · Latin

Summary

This section explains that a person of unsound mind and a pupil can be liable without the authority of a tutor or curator when the action arises from factual circumstances (ex re), such as in the case of a joint property division.

[IDEM libro septimo ad Plautium. ] §44.7.46.prFuriosus et pupillus, ubi ex re actio uenit, obligantur etiam sine curatore uel tutoris auctoritate, ueluti si communem fundum habeo cum his et aliquid in eum impendero uel damnum in eo pupillus dederit: nam iudicio communi diuidundo obligabuntur.
[THE SAME, from his seventh book on Plautius.] A person of unsound mind and a pupil, where an action arises from the facts, are liable even without the consent of a curator or the authority of a tutor; for example, if I hold land in common with them and have made some expenditure on it, or the pupil has caused damage to it; for they will be liable under an action for the division of common property.

Notes

  1. 44.7.46.prex re — Refers to the occurrence of an obligation or action directly from objective facts or situations (such as joint ownership) rather than from a juristic act like a contract. It demonstrates that even a person of unsound mind or a pupil, who lacks the capacity to perform legal acts, is bound by quasi-contractual obligations arising from such factual circumstances.
  2. 44.7.46.priudicio communi diuidundo — An ablative indicating means or ground, referring to the action for partition of common property (iudicium communi dividundo). In this action, issues such as the reimbursement of expenses incurred for maintaining the common property or compensation for damage done to it are settled; because these obligations arise from objective facts rather than from voluntary expressions of will, the pupil or the madman is bound without the authority of a guardian.

Cite this passage

Justinian I, The Digest of Justinian §44.7.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.46.pr

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