- 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-lat1:2.14.13.pr-2.14.13.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-30
This section explains that an agreement by a litigation-only agent does not affect the principal, whereas an agreement by an agent in his own interest is binding as if made by the principal.
[PAULUS libro tertio ad edictum.]
[PAULUS, On the Edict, book 3]
Sed si tantum ad actionem procurator factus sit, conuentio facta domino non nocet, quia nec solui ei possit.1
But if a person has been made a procurator only for the purpose of a lawsuit, an agreement made does not prejudice the principal, because payment cannot be made to him either.
Sed si in rem suam2 datus sit procurator, loco domini habetur: et ideo seruandum erit pactum conuentum.
But if a procurator has been appointed in his own interest, he is held to be in the place of the principal; and therefore the agreement made must be observed.
- 2.14.13.prsolui ei possit
The subjunctive present possit in the causal clause introduced by quia is used to express a logical or potential reason ('since it would not even be possible') rather than a mere objective fact. The particle nec ('neither / nor / not ... either') connects the inability to receive payment with the inability of the agreement to prejudice the principal.
- 2.14.13.1in rem suam
A prepositional phrase meaning 'in his own affair / interest'. In Roman law, a procurator in rem suam (an agent in his own interest) was utilized as a mechanism for assigning claims, allowing the appointed representative to bring an action in the principal's name but keep the proceeds for himself. Hence, unlike a mere litigation agent, he is regarded as being 'in the place of the principal' (loco domini).