Humanitext Reader

Justinian I · The Digest of Justinian §46.6.9.pr

Scope of Security for Ward Property Covering Claims

Passage 7807 of 9271 · Latin

Summary

Pomponius explains that when a ward stipulates for the safety of his property from his guardian, this agreement covers not only tangible patrimony but also claims, as anything subject to a guardianship action is included.

[POMPONIUS libro quinto decimo ad Sabinum. ] §46.6.9.prCum pupillus a tutore stipulatur rem saluam fore, non solum quae in patrimonio habet, sed etiam quae in nominibus sunt ea stipulatione uidentur contineri: quod enim in tutelae iudicium uenit, hoc et ea stipulatione continetur.
[POMPONIUS, On Sabinus, Book XV] When a ward stipulates with his guardian that his property will be safe, not only what he has in his patrimony but also what consists of claims is deemed to be contained in that stipulation; for whatever comes into the action of guardianship is also contained in this stipulation.

Notes

  1. §46.6.9.prnominibus — The ablative plural of nomen ('name'), which in Roman legal contexts refers to 'debts' or 'claims' (originally from the names written in account books). It is contrasted here with tangible property held in possession (in patrimonio).
  2. §46.6.9.pruidentur contineri — The personal construction of uideor ('to seem/be deemed'). The third-person plural uidentur has the two preceding relative clauses (quae... quae...) as its subjects, accompanied by the passive infinitive contineri.

Cite this passage

Justinian I, The Digest of Justinian §46.6.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.6.9.pr

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