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The Digest of Justinian

§3.3.26.pr

Restricting Transfer of Suit Conditioned on Paying Agent

Paulus' opinion that the transfer of a lawsuit from a procurator should be restricted unless the principal is ready to pay him.

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[PAULUS libro octauo ad edictum.]

[PAULUS, in the eighth book on the Edict.]

§3.3.26.pr

​nisi dominus ei soluere paratus sit.1

​unless the principal is ready to pay him.

Syntax notes1 item
  1. 3.3.26.prnisi dominus ei soluere paratus sit

    This clause functions as a conditional clause limiting the preceding statement of Ulpian (at the end of Dig. 3.3.25.pr, "the lawsuit must not easily be transferred from him"). The nisi clause with the present subjunctive paratus sit expresses an exceptional condition: "unless the principal is prepared to pay the procurator" (i.e., the expenses or debts for which the procurator claims the right of retention).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.26.pr