- 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-lat1:2.11.11.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-29
Ulpian defines the meaning of the requirement of appearing "in the same legal condition" (in eadem causa), arguing that as long as the plaintiff's prosecution is not in a worse position, the appearance is valid even if the debtor's financial situation has worsened or he has been condemned in another suit.
[ULPIANUS libro quadragensimo septimo ad Sabinum.]
[ULPIANUS, on Sabinus, book 47]
Si quis quendam in iudicio sisti promiserit, in eadem causa eum debet sistere. in eadem autem causa sister1 hoc est ita sistere, ut actori persecutio loco deteriori non sit, quamuis exactio rei possit esse difficilior. licet enim difficilior exactio sit, tamen dicendum est uideri in eadem causa eum stetisse: nam et si nouum aes alienum contraxisset uel pecuniam perdidisset, uidetur tamen in eadem causa stetisse: ergo et qui alii iudicatus2 sistitur, in eadem causa stare uidetur.
If anyone has promised that a certain person will appear in court, he must produce him in the same legal condition. Now, to produce someone in the same legal condition is to produce him in such a way that the plaintiff’s prosecution is not in a worse position, although the collection of the thing might be more difficult. For although the collection is more difficult, yet it must be said that he seems to have appeared in the same legal condition; for even if he had contracted a new debt or had lost his money, he is nevertheless considered to have appeared in the same legal condition. Therefore, he also who is produced after having been condemned to another is considered to appear in the same legal condition.
- 2.11.11.prsister
The word sister in the text is widely understood as a scribal error or abbreviation for sistere (present active infinitive), meaning "to produce" or "to make appear."
- 2.11.11.pralii iudicatus
alii is a dative meaning "to another," and iudicatus is a perfect passive participle meaning "judged" or "condemned." It refers to a person who has already been condemned to pay a debt to another person in a different suit. Although this may worsen his financial standing (exactio), it does not impair the plaintiff's legal standing to prosecute (persecutio), hence he is considered to appear "in the same legal condition."