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Justinian I · The Digest of Justinian §46.3.28.pr

Payment to an Acting Guardian and Ward's Benefit

Passage 7683 of 9271 · Latin

Summary

This section rules that debtors are released from liability by paying a person acting as a guardian, provided that the money actually reaches the estate of the ward.

[PAULUS libro trigensimo octauo ad edictum. ] §46.3.28.prDebitores soluendo ei, qui pro tutore negotia gerit, liberantur, si pecunia in rem pupilli peruenit.
[PAULUS in the thirty-eighth book on the Edict.] Debtors are released by paying one who manages affairs on behalf of a tutor, if the money has come to the property of the ward.

Notes

  1. §46.3.28.prsoluendo ei — soluendo is the ablative of the gerund of soluere indicating means, and ei is the dative complement (indirect object) of the action of paying. Together they form an adverbial phrase "by paying him," which modifies the main verb liberantur.
  2. §46.3.28.prin rem pupilli peruenit — in rem peruenire is a legal idiom in Roman law meaning that the paid money or benefit does not merely arrive physically, but "accrues to the estate or substantial benefit" of the person (here, the ward, pupillus).

Cite this passage

Justinian I, The Digest of Justinian §46.3.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.28.pr

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