- 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-lat1:3.3.34.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-03
Gaius discusses whether a person acting as a procurator in his own interest (such as a buyer of an inheritance) is required to defend the seller, concluding that he is not obliged to do so, provided the transaction was made in good faith and without fraudulent intent.
[GAIUS libro tertio ad edictum prouinciale.]
[GAIUS, in the third book on the Provincial Edict.]
Si quis in rem suam procuratorio nomine agit, ueluti emptor hereditatis: an debeat inuicem1 uenditorem defendere? et placet, si bona fide et non in fraudem eorum qui inuicem agere uellent gestum sit negotium, non oportere2 eum inuicem defendere.
If anyone sues in his own interest under the name of a procurator, as for example the buyer of an inheritance: ought he in turn to defend the seller? And the accepted view is that, if the transaction was entered into in good faith and not to the fraud of those who wished to sue in turn, he is not required to defend the seller in turn.
- 3.3.34.prinuicem
The adverb inuicem indicates reciprocity or alternation, referring here to a counter-suit or reciprocal action by the other party. 'uenditorem defendere' means to defend the seller in turn when the opposing party seeks to bring an action against that seller.
- 3.3.34.prnon oportere
This forms the accusative and infinitive clause (non oportere eum...) serving as the subject of the impersonal verb placet (it is approved / the accepted view is). eum is the subject accusative of oportere, which in turn governs the infinitive defendere.