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Justinian I · The Digest of Justinian §48.16.14.pr

Exemption of Guardian from Continuing Accusation upon Ward's Death

Passage 8349 of 9271 · Latin

Summary

The Divine Hadrian ruled in a rescript that a guardian who had initiated a prosecution on behalf of his ward is not obliged to complete it if the ward dies.

[ULPIANUS libro septimo de officio proconsulis. ] §48.16.14.prDiuus Hadrianus Saluio Caro proconsuli Cretae rescripsit tutorem, qui pupilli causa instituerat accusationem, defuncto pupillo, cuius causa accusare coeperat, non esse cogendum accusationem implere.
[Ulpian, On the Office of Proconsul, Book VII.] The Divine Hadrian wrote in a rescript to Salvius Carus, Proconsul of Crete, that a guardian who had instituted a prosecution on behalf of his ward should not be compelled to complete the prosecution when the ward, on whose behalf he had begun to prosecute, had died.

Notes

  1. §48.16.14.prtutorem ... non esse cogendum — An accusative-with-infinitive (A.C.I.) construction governed by the main verb `rescripsit` (wrote in reply), with `tutorem` as its subject accusative. The phrase `non esse cogendum` is a passive periphrastic infinitive using the gerundive to express obligation.
  2. §48.16.14.prdefuncto pupillo — An ablative absolute construction consisting of the noun `pupillo` and the perfect participle `defuncto` (from `defungi`). It functions as an adverbial clause of condition ("if the ward dies") or time ("when the ward has died").

Cite this passage

Justinian I, The Digest of Justinian §48.16.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.16.14.pr

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