- 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-lat1:3.3.64.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-04
A rule stating that in a lawsuit where a defender has stepped in, if the principal party appears before the joinder of issue and requests to conduct the litigation in their own name, the request should be granted after an investigation of the circumstances.
[IDEM libro tertio regularum.]
[THE SAME in the third book of Rules.]
Is, cuius nomine defensor exstitit, si ante litem contestatam in praesentia fuerit et postulet suo nomine litem suscipere,1 causa cognita2 audiendus est.3
He, on whose behalf a defender has appeared, if before joinder of issue he is present and requests to undertake the litigation in his own name, must be heard after the case has been investigated.
- 3.3.64.prsuo nomine litem suscipere
The subject of the infinitive "suscipere" is the subject of the conditional clause "si" (which refers back to "Is" in the main clause). It denotes that the principal ("Is") undertakes the litigation in his own name, which had been initiated on his behalf by the "defensor".
- 3.3.64.prcausa cognita
An ablative absolute composed of the noun "causa" and the participle "cognita". Literally meaning "the cause having been investigated," in a legal context it indicates that the magistrate or judge must conduct a substantive inquiry (cognitio) into the specific circumstances before granting the request.
- 3.3.64.praudiendus est
A passive periphrastic conjugation consisting of the gerundive "audiendus" and the copula "est". While literally "he must be heard," in legal terminology it means that his request or plea is to be admitted or granted by the court.