- 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-lat1:4.7.11.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-09
In a case where a soldier requested to litigate over donated possessions, it was answered that if the donation was made to change the trial, the prior owner must bring the action, to show that the thing, not the litigation, was transferred.
[IDEM libro quinto opinionum.]
[THE SAME, Opinions, Book V]
Cum miles postulabat suo nomine litigare de possessionibus, quas sibi donatas esse dicebat, responsum est, si iudicii mutandi causa1 donatio facta fuerit, priorem dominum experiri oportere,2 ut rem magis quam litem in militem transtulisse3 credatur.
When a soldier requested to litigate in his own name concerning possessions which he said had been donated to him, it was answered that, if the donation had been made for the purpose of changing the trial, the prior owner ought to bring the action, so that he may be believed to have transferred the thing rather than the litigation to the soldier.
- 4.7.11.priudicii mutandi causa
A gerundive construction where the gerundive mutandi agrees with the noun iudicii, used with causa to express purpose: "for the purpose of changing the trial."
- 4.7.11.prexperiri oportere
An accusative with infinitive (A.C.I.) construction governed by the impersonal verb oportere. The deponent verb experiri here means "to try (legally), bring an action," and its subject accusative is priorem dominum.
- 4.7.11.prrem magis quam litem in militem transtulisse
The implied subject of the perfect infinitive transtulisse is priorem dominum. The clause functions under credatur in the ut-clause: "so that he (the prior owner) may be believed to have transferred the thing rather than the litigation to the soldier."