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Justinian I · The Digest of Justinian §46.6.7.pr

Demanding Security Between Co-Guardians

Passage 7805 of 9271 · Latin

Summary

This section rules that a dative or testamentary tutor, or a curator, cannot directly demand security from their colleague, but can offer them the option of either receiving or providing security.

[MODESTINUS libro sexto regularum. ] §46.6.7.prDatiuus uel testamentarius tutor siue curator non petet satis a collega suo, sed offerre ei poterit, utrum satis accipere uelit an dare.
[MODESTINUS, Rules, Book VI] A dative or testamentary tutor, or a curator, shall not demand security from his colleague, but he will be able to offer him the choice of whether he prefers to receive or to give security.

Notes

  1. §46.6.7.prsatis — An abbreviation for the noun `satisdatio` (sufficient security, guarantee). It is used in the contrasting Roman legal idioms `satis accipere` (to receive security, i.e., to have the colleague provide it) and `satis dare` (to give security, i.e., to provide it oneself).
  2. §46.6.7.prnon petet — Third-person singular future indicative. As a future tense in legal texts, it expresses a prohibition or lack of right (he shall not/is not to demand). Although both this and the contrasting `poterit` are in the future tense, `non petet` functions here as a prohibitive rule.

Cite this passage

Justinian I, The Digest of Justinian §46.6.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.6.7.pr

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