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The Digest of Justinian

§3.3.12.pr

Compelling a Procurator to Defend in Urgent Cases

It states that a procurator must sometimes be compelled to undertake a trial in urgent cases, such as when the principal is absent and the claim might perish over time.

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[GAIUS libro tertio ad edictum prouinciale.]

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

§3.3.12.pr

​Sed etiam ex his causis dicitur aliquando cogendum procuratorem1 iudicium accipere: ueluti si dominus praesens non sit et actor adfirmet tractu temporis futurum ut res pereat.2

​But it is also said that, for these reasons, a procurator must sometimes be compelled to accept the trial; for example, if the principal is not present and the plaintiff asserts that, by the passage of time, it will happen that the matter will perish.

Syntax notes2 items
  1. 3.3.12.prcogendum procuratorem

    The verb esse is omitted after the gerundive cogendum, forming an accusative and infinitive construction dependent on dicitur. procuratorem functions as the object of the impersonal gerundive construction, meaning "the procurator must be compelled."

  2. 3.3.12.prfuturum ut res pereat

    The construction futurum [esse] ut followed by the subjunctive (pereat) serves as a periphrastic future infinitive in indirect speech dependent on adfirmet. The subjunctive present pereat is used in accordance with the sequence of tenses after adfirmet.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.12.pr