[IDEM libro quarto de praescriptionibus. ] §45.1.101.prPuberes sine curatoribus suis possunt ex stipulatu obligari.
[THE SAME, book four on Prescriptions] Puberes, without the consent of their curators, can be bound by a stipulation.
Justinian I · The Digest of Justinian §45.1.101.pr
Capacity of Pubescent Minors to Incur Debts by Stipulation
Summary
It explains that minors who have reached puberty can validly incur an obligation under a stipulation without the consent of their curators.
Notes
- §45.1.101.prPuberes — Refers to minors who have reached puberty (14 for males, 12 for females, up to the age of 25). Although released from tutela, they could have curators (curatores) assigned to them, and this text establishes their capacity to bind themselves by a stipulation even without their curators' consent.
- §45.1.101.prex stipulatu — A legal idiom composed of the preposition ex and the ablative of the substantive stipulatum (stipulation), meaning "by virtue of a stipulation" or "under a stipulation."
Cite this passage
Justinian I, The Digest of Justinian §45.1.101.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.101.pr
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