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The Digest of Justinian

§4.7.2.pr

Fraudulent Substitution of a Vexatious Adversary

Ulpian addresses the case of substituting another person as a defendant who is likely to harass or vex the opposing party (the plaintiff).

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[ULPIANUS libro tertio decimo ad edictum.]

[ULPIANUS, On the Edict, Book XIII]

§4.7.2.pr

​aut alium, qui uexaturus sit aduersarium:1

​or another person who is likely to harass his adversary:

Syntax notes1 item
  1. 4.7.2.praut alium, qui uexaturus sit aduersarium

    This clause functions as an additional condition continuing from Gaius's formulation in the preceding fragment (D. 4.7.1.1: 'opposuerit aduersarium'). The implied antecedent alium refers to the newly substituted defendant ('another adversary'), whereas aduersarium within the relative clause qui uexaturus sit aduersarium refers to the original plaintiff ('us'). Care must be taken with the dual use of the word aduersarius to designate opposing parties in different positions.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.7.2.pr