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Justinian I · The Digest of Justinian §47.2.33.pr

Theft and Liability of Guardians and Curators

Passage 7894 of 9271 · Latin

Summary

This section explains that a tutor's unauthorized removal of a ward's property constitutes theft, making the tutor liable to the action for theft in addition to the action on guardianship, a rule which also applies to curators.

[ULPIANUS libro quadragensimo primo ad Sabinum. ] §47.2.33.prTutor administrationem quidem rerum pupillarium habet, intercipiendi autem potestas ei non datur: et ideo si quid furandi animo amouerit, furtum facit nec usucapi res potest.
[ULPIANUS in the forty-first book on Sabinus.] A tutor indeed has the administration of the property of the ward, but the power of misappropriating it is not given to him; and therefore if he removes anything with the intention of stealing, he commits theft, and the thing cannot be acquired by usucapion.
sed et furti actione tenetur, quamuis et tutelae agi cum eo possit.
But he is also liable to the action for theft, although he can also be sued in the action on guardianship.
quod in tutore scriptum est, idem erit et in curatore adulescentis ceterisque curatoribus.
What has been written in the case of a tutor will also apply in the case of a curator of a minor and other curators.

Notes

  1. §47.2.33.prusucapi — Present passive infinitive of the third conjugation verb usucapere. It is used with the auxiliary verb potest to form the negative statement that the property cannot be acquired by usucapion. Note the morphological distinction from the active infinitive usucapere.
  2. §47.2.33.prtutelae agi cum eo possit — tutelae is a genitive of the charge or type of action, equivalent to actione tutelae (by the action on guardianship). agi is the impersonal passive infinitive of agere (to bring an action), which, together with cum eo (against him), means 'an action is brought against him'. Thus, the whole phrase means 'although it is possible for an action on guardianship to be brought against him'.

Cite this passage

Justinian I, The Digest of Justinian §47.2.33.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.33.pr

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