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The Digest of Justinian

§3.3.37.pr-3.3.37.1

Duty to Defend All Actions and Multiple Defenders

Ulpian states that a defender must defend all actions, including those not transmissible to heirs, and notes that a defendant is considered properly defended if individual defenders present themselves for each of multiple actions brought by an opponent.

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[ULPIANUS libro nono ad edictum.]

[ULPIANUS in the ninth book on the Edict.]

§3.3.37.pr

​Omnium autem actionum nomine debet defendere, etiam earum quae in heredem non dantur.1

​But he must defend in the name of all actions, even of those which are not granted against an heir.

§3.3.37.1

​Unde est quaesitum: si aduersarius plures intendat actiones et in singulas singuli existant defensores suscipere parati, uideri eum recte defendi Iulianus ait. quo iure2 nos uti Pomponius scribit.

​Hence the question arose: if the adversary brings several actions, and for each action individual defenders present themselves ready to undertake them, Julian says that he is deemed to be properly defended. Pomponius writes that we follow this rule.

Syntax notes2 items
  1. 3.3.37.prearum quae in heredem non dantur

    earum is a demonstrative pronoun in the genitive plural, referring back to actionum. The preposition in with the accusative heredem means "against the heir". Thus, the phrase refers to actions (such as personal or penal actions) that are not transmissible and cannot be brought against the heir of the defendant.

  2. 3.3.37.1quo iure

    This is a connecting relative (relative of connection), equivalent to et eo iure. The noun iure is in the ablative case because it is governed by the deponent verb uti (to use, follow). The entire clause forms an accusative-with-infinitive construction (nos as subject accusative, uti as infinitive) dependent on Pomponius scribit.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.37.pr-3.3.37.1