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The Digest of Justinian

§3.3.49.pr

Prohibition of Worsening Principal's Position via Agent

This fragment states the legal principle that the legal position of a principal who is unaware of an agent's actions must not be made worse through that agent.

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[PAULUS libro quinquagensimo quarto ad edictum.]

[PAULUS in the fifty-fourth book on the edict.]

§3.3.49.pr

​Ignorantis domini1 condicio deterior per procuratorem fieri2 non debet.

​The position of a principal who is ignorant of the act must not be made worse through an agent.

Syntax notes2 items
  1. 3.3.49.prignorantis domini

    The present participle ignorantis modifies the genitive noun domini, referring to a principal (or owner) who is unaware of the agent's actions. It is used in the context of limiting the prejudice that an agent's unauthorized or unknown acts can cause to the principal.

  2. 3.3.49.prcondicio deterior ... fieri

    The comparative adjective deterior (nominative feminine singular) agrees with the subject condicio and functions as a predicate accusative/nominative with fieri (present infinitive of fio, 'to become' or 'to be made'), meaning 'the position becomes worse' or 'is made more disadvantageous'.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.49.pr