- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.1.17.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-26
This fragment explains that a praetor can delegate his jurisdiction not only as a whole, but also regarding specific persons or matters, especially when a conflict of interest arises from advocacy undertaken before his magistracy.
[IDEM libro primo opinionum.]
[THE SAME, Opinions, Book I.]
Praetor sicut uniuersam iurisdictionem mandare alii potest, ita et in personas certas uel de una specie potest, maxime cum iustam causam susceptae ante magistratum aduocationis1 alterius partis habuerat.
Just as a praetor can delegate his entire jurisdiction to another, so he can also do so with respect to specific persons or concerning a single department, especially when he had a just cause because of having undertaken the advocacy of one of the parties before entering upon his magistracy.
- 2.1.17.prsusceptae ante magistratum aduocationis
The genitive phrase susceptae ... aduocationis (advocacy having been undertaken) modifies iustam causam (a just cause). In this context, the fact that the praetor had acted as an advocate for one of the parties before taking office constitutes a "just cause" (due to conflict of interest) for delegating his jurisdiction.