- 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-lat1:3.3.30.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-03
Paulus states that a plaintiff's procurator who is not appointed for his own benefit can request reimbursement for lawsuit expenses from the judgment if the principal is insolvent.
[PAULUS libro primo sententiarum.]
[PAULUS, in the first book of Opinions.]
Actoris procurator non in rem suam datus1 propter inpensas quas in litem fecit potest desiderare, ut sibi ex iudicatione satisfiat, si dominus litis soluendo non sit.2
A plaintiff’s procurator who has not been appointed for his own benefit can, on account of the expenses which he incurred for the lawsuit, request that satisfaction be made to him from the judgment, if the principal of the lawsuit is insolvent.
- 3.3.30.prnon in rem suam datus
The participle datus (perfect passive participle of dare, "to give, appoint") modifies the subject procurator. While a procurator in rem suam refers to an attorney appointed for his own benefit (acting in his own interest), the negation non indicates that this refers to an ordinary procurator acting on behalf of another.
- 3.3.30.prsoluendo non sit
soluendo is the dative of the gerund (or gerundive) of solvere ("to pay"). When combined with the verb esse (here in the subjunctive present third-person singular sit), it forms a legal idiom (dative of purpose/fitness) meaning "to be solvent" (capable of paying). With non, it means "to be insolvent."