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Justinian I · The Digest of Justinian §46.6.6.pr

Stipulation by a Ward or Through Their Slave

Passage 7804 of 9271 · Latin

Summary

Explains the conditions under which a ward's slave must stipulate, and notes that the ward himself can rightly stipulate if present and able to speak, even if too young to understand.

[GAIUS libro uicensimo septimo ad edictum prouinciale. ] §46.6.6.prSeruum pupilli stipulari ita necesse est, si pupillus abest aut fari non potest: nam si praesens sit et fari potest, etiamsi eius aetatis erit, ut non intellegat quid agat, tamen propter utilitatem receptum est recte eum stipulari.
[GAIUS, On the Provincial Edict, Book XXVII] It is necessary for a ward's slave to stipulate only if the ward is absent or cannot speak; for if he is present and can speak, even if he is of such an age that he does not understand what he is doing, it has nevertheless been accepted for the sake of utility that he himself can rightly stipulate.

Notes

  1. §46.6.6.prita ... si — Correlation between the adverb ita and the conjunction si, meaning "only if..." or "on condition that...", expressing a restrictive condition.
  2. §46.6.6.preius aetatis — Genitive of quality, followed by the consecutive ut clause, meaning "of such an age that...".
  3. §46.6.6.prrecte eum stipulari — Accusative with infinitive clause acting as the subject of the impersonal passive receptum est (it has been accepted). The subject of the infinitive, eum, refers to the aforementioned pupillus (ward).

Cite this passage

Justinian I, The Digest of Justinian §46.6.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.6.6.pr

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