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The Digest of Justinian

§3.3.53.pr

Requirement of Security for a Valid Defense by an Agent

It specifies that defense in a lawsuit is not legally recognized unless the representative is prepared to provide security.

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[ULPIANUS libro sexagensimo ad edictum.]

[ULPIANUS in the sixtieth book on the edict.]

§3.3.53.pr

​non uidetur defendere,1 nisi satisdare fuerit paratus.2

​he is not deemed to defend, unless he is prepared to give security.

Syntax notes2 items
  1. 3.3.53.prnon uidetur defendere

    The subject is contextually the litigation representative (procurator) appearing on behalf of the principal, logically continuing from the "person of consular rank" in the preceding chunk (D. 3.3.52.pr). The verb 'defendere' is used in the technical legal sense of "lawfully conducting defense in a lawsuit."

  2. 3.3.53.prsatisdare fuerit paratus

    'satisdare' means "to provide sufficient security (or guaranty)" in a legal context. 'fuerit paratus' is a perfect-system form (future perfect or perfect subjunctive) of 'paratus sum' (to be prepared), which in the conditional 'nisi' clause requires a state of being fully ready to give security as a prerequisite for being deemed to defend.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.53.pr