← Justinian I

The Digest of Justinian

§2.1.5.pr

Eligibility to Delegate Jurisdiction by Inherent Right

Julianus presents a rule derived from the custom of the ancestors, stating that only a person who holds jurisdiction in their own right, and not by the favor of another, can delegate it.

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[IULIANUS libro primo digestorum.]

[JULIANUS, Digest, Book I]

§2.1.5.pr

​More maiorum ita comparatum est,1 ut is demum iurisdictionem mandare possit, qui2 eam suo iure, non alieno beneficio habet:

​By the custom of our ancestors it has been established that only he can delegate jurisdiction who holds it in his own right, and not by the favor of another:

Syntax notes2 items
  1. 2.1.5.prita comparatum est

    The impersonal expression "comparatum est" means "it has been established/arranged in such a way," with the following "ut" clause functioning as a noun clause specifying the content of this established rule.

  2. 2.1.5.pris demum ... qui

    The demonstrative pronoun "is" is paired with the restrictive adverb "demum" (only, then and not till then), and modified by the relative clause "qui ...", forming a restrictive condition meaning "only he who...".

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.1.5.pr