- 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-lat1:3.3.17.pr-3.3.17.2
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-03
This section outlines the requirements for changing an agent or transferring the lawsuit back to the principal after the joinder of issue, which require the agent's survival, retention of citizenship, and a prior judicial investigation, extending this right to heirs and noting relevant factors such as age in the investigation.
[ULPIANUS libro nono ad edictum.]
[ULPIAN, in the ninth book on the Edict.]
Post litem autem contestatam reus qui procuratorem dedit mutare quidem eum uel in se litem transferre a uiuo procuratore uel in ciuitate manente1 potest, causa tamen prius cognita.2
After the joinder of issue, however, a defendant who has appointed an agent can indeed change him or transfer the suit to himself from an agent who is alive and remains in the state, but only after the case has first been investigated.
Non solum autem ipsi qui dedit procuratorem hoc permittitur, sed etiam heredi eius et ceteris successoribus.
Moreover, this is permitted not only to the principal himself who appointed the agent, but also to his heir and other successors.
In causae autem cognitione non solum haec uersantur, quae supra diximus in procuratore non compellendo suscipere iudicium,3 uerum et aetas
In the investigation of the case, however, not only are those matters involved which we have mentioned above in connection with not compelling an agent to undertake a trial, but also age
- 3.3.17.pra uiuo procuratore uel in ciuitate manente
Two ablative phrases governed by the preposition 'a'. The first is the noun phrase 'uiuo procuratore', and the second is the present participle phrase 'in ciuitate manente' (with 'procuratore' understood). They both depend on 'transferre' (to transfer from), meaning that the agent must be alive and still retaining their citizenship.
- 3.3.17.prcausa tamen prius cognita
An ablative absolute consisting of the noun 'causa' and the perfect passive participle 'cognita'. It expresses a condition or prerequisite ('provided that the case has first been investigated') for the main verb 'potest'.
- 3.3.17.2in procuratore non compellendo suscipere iudicium
A gerundive construction consisting of the noun 'procuratore' and the gerundive 'compellendo' in agreement, governed by the preposition 'in'. 'suscipere iudicium' is an infinitive complement dependent on 'compellendo', meaning 'in connection with not compelling (an agent) to undertake a trial'.