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Justinian I · The Digest of Justinian §46.6.10.pr

Surety Liability for Fruits and Interest in Delayed Restitution

Passage 7808 of 9271 · Latin

Summary

Explains that if a guardian delays in restoring the guardianship property after the ward reaches puberty, both the guardian and his sureties are liable for the fruits and interest accrued during that intermediate period.

[AFRICANUS libro tertio quaestionum. ] §46.6.10.prSi, posteaquam pupillus ad pubertatem peruenerit, tutor in restituenda tutela aliquamdiu moram fecerit, certum est et fructuum nomine et usurarum medii temporis tam fideiussores eius quam ipsum teneri.
[AFRICANUS, Questions, Book III] If, after the ward has reached puberty, the guardian should make some delay in restoring the property of the guardianship, it is certain that both his sureties and he himself are liable both on account of the fruits and for the interest of the intermediate period.

Notes

  1. §46.6.10.prin restituenda tutela — A gerundive construction in the ablative. Although "tutela" literally means "guardianship," in this context of restoration, it refers to the property or assets managed under the guardianship that must be handed over.
  2. §46.6.10.prfructuum nomine et usurarum — The noun `nomine` ("on account of, by reason of") directly modifies `fructuum` ("of fruits") but is also understood to apply in parallel to `usurarum` ("of interest"), meaning "both on account of fruits and [on account] of interest."
  3. §46.6.10.prfideiussores eius quam ipsum teneri — An accusative with infinitive (AcI) construction serving as the subject of the impersonal expression `certum est` ("it is certain"). The subject accusatives of the passive infinitive `teneri` ("to be held liable") are `fideiussores` and `ipsum`, linked by `tam ... quam ...` ("both... and...").

Cite this passage

Justinian I, The Digest of Justinian §46.6.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.6.10.pr

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