← Justinian I

The Digest of Justinian

§4.8.51.pr

Ineligibility of Arbitrator in One's Own Dispute

An arbitrator appointed in his own case cannot render an award, because it is impossible for anyone to issue a command or prohibition to oneself.

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[MARCIANUS libro secundo regularum.]

[MARCIANUS in his second book of Rules.]

§4.8.51.pr

​Si de re sua quis1 arbiter factus sit, sententiam dicere non potest, quia se facere iubeat aut petere prohibeat:2 neque autem imperare sibi neque se prohibere quisquam potest.

​If anyone is made an arbitrator in his own case, he cannot pronounce an award, because he would be ordering himself to act or forbidding himself to make a claim; but no one can command himself or forbid himself.

Syntax notes2 items
  1. 4.8.51.prquis

    The indefinite pronoun used after the conditional conjunction si, equivalent to aliquis (anyone, someone).

  2. 4.8.51.priubeat aut petere prohibeat

    The present subjunctives are used in the clause introduced by the conjunction quia to express a conceptual or logical reason in a hypothetical scenario rather than an objective historical fact.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.8.51.pr