Humanitext Reader

Justinian I · The Digest of Justinian §50.8.4.pr

Mutual Liability and Order of Actions for Co-Curators

Passage 8758 of 9271 · Latin

Summary

This section states that curators of a common office are not released from mutual liability even if they divide the money, though the one who actually administered should be sued first.

[PAPINIANUS libro primo responsorum. ] §50.8.4.prCuratores communis officii diuisa pecunia, quam omnibus in solidum publice dari placuit, periculo uice mutua non liberantur.
[PAPINIANUS, from the first book of Opinions.] Curators of a common office, even if the money—which it was decided should be publicly given to all of them in solidum—has been divided, are not released from mutual liability.
ULPIANUS: prior tamen exemplo tutorum conueniendus est is qui gessit.
ULPIAN: Nevertheless, following the example of guardians, the one who actually administered must be sued first.

Notes

  1. 50.8.4.prdiuisa pecunia — An ablative absolute formed by the noun pecunia and the perfect participle diuisa, interpreted here with a concessive force ("even if the money has been divided").
  2. 50.8.4.prin solidum — A legal idiom consisting of the preposition in and the accusative neuter singular of the adjective solidus. It means "for the whole" or "jointly and severally" (in solidum), modifying omnibus to indicate that all curators are liable for the entire amount.
  3. 50.8.4.prprior — A nominative adjective used adverbially to mean "prior to others" or "first of all," modifying the subject is (the antecedent of qui gessit).

Cite this passage

Justinian I, The Digest of Justinian §50.8.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.8.4.pr

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