← Justinian I

The Digest of Justinian

§3.3.41.pr

Exceptional Representation of Ill or Elderly Parents by Women

This section explains the requirements under which women are exceptionally permitted to act in court on behalf of their parents, provided that the parents are prevented by illness or age and have no other representative.

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[PAULUS libro nono ad edictum.]

[PAULUS in the ninth book on the Edict.]

§3.3.41.pr

​Feminas pro parentibus agere1 interdum permittetur causa cognita,2 si forte parentes morbus aut aetas impediat, nec quemquam qui agat3 habeant.

​It will sometimes be permitted, after an inquiry into the case, for women to act on behalf of their parents, if by chance illness or age prevents the parents, and they have no one to act for them.

Syntax notes3 items
  1. 3.3.41.prFeminas pro parentibus agere

    An accusative with infinitive clause functioning as the subject of the future passive verb permittetur used impersonally. Feminas is the subject of the infinitive agere.

  2. 3.3.41.prcausa cognita

    Ablative absolute. In legal contexts, it represents a prerequisite meaning "after an inquiry into the facts/case."

  3. 3.3.41.prqui agat

    A relative clause with the subjunctive present agat (subjunctive of characteristic), indicating that the antecedent quemquam is "someone who would act [as a representative]" in court.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.41.pr