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The Digest of Justinian

§2.8.9.pr

Appeal against the Decision of an Arbiter on Sureties

This text explains that if the decision of an arbiter appointed to approve sureties is unfair, an appeal is allowed from him in the same manner as from regular judges.

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[GAIUS libro quinto ad edictum prouinciale.]

[GAIUS, in the fifth book on the Provincial Edict.]

§2.8.9.pr

​Arbitro ad fideiussores probandos constituto, si in alterutram partem iniquum arbiterium uideatur, perinde ab eo atque ab iudicibus1 appellare licet.

​When an arbiter has been appointed to approve sureties, if his decision seems unfair to either party, it is permitted to appeal from him in the exact same manner as from judges.

Syntax notes1 item
  1. 2.8.9.prperinde ab eo atque ab iudicibus

    The correlative expression 'perinde... atque...' denotes 'in the exact same manner as...'. Both 'ab eo' (from the arbiter) and 'ab iudicibus' (from the judges) depend on the infinitive 'appellare' (to appeal), which functions as the subject of the impersonal verb 'licet'. This indicates that an appeal from the decision of a specially appointed arbiter for approving sureties is treated with the same legal standing as an appeal from regular judges.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.8.9.pr