- 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-lat1:5.1.10.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
Ulpian defines the "abandonment" (desistere) of a lawsuit, clarifying that it differs from mere deferral, and explains that a person who withdraws from an unjust suit without calumnious intent upon learning the truth is not legally considered to have abandoned it.
[IDEM libro decimo ad edictum.]
[THE SAME in the tenth book on the Edict.]
Destitisse is uidetur non qui distulit, sed qui liti renuntiauit in totum:1 desistere enim est de negotio abstinere, quod calumniandi animo instituerat. plane si quis cognita rei ueritate2 suum negotium deseruerit nolens in lite improba perseuerare, quam calumniae causa non instituerat,3 is destitisse non uidetur.
A person is deemed to have abandoned an action not who has deferred it, but who has renounced the lawsuit altogether; for to abandon is to withdraw from a legal proceeding which one had instituted with a calumnious intent. Clearly, if anyone, upon learning the truth of the matter, has deserted his own proceeding, being unwilling to persist in an unjust lawsuit which he had not instituted for the purpose of calumny, he is not deemed to have abandoned it.
- 5.1.10.prDestitisse is uidetur non qui distulit, sed qui liti renuntiauit in totum
The subject is of the main clause is modified by the relative clauses non qui..., sed qui... . The verb uidetur is constructed with the infinitive destitisse to mean 'is deemed to have abandoned'. liti is a dative object governed by renuntiauit.
- 5.1.10.prcognita rei ueritate
An ablative absolute construction consisting of the noun ueritate and the perfect participle cognita. rei is a genitive modifying ueritate. It expresses time or cause: 'when the truth of the matter was learned'.
- 5.1.10.prnolens in lite improba perseuerare, quam calumniae causa non instituerat
The present participle nolens agrees with the subject of the conditional clause (quis). The relative pronoun quam (feminine singular) has lite as its antecedent. calumniae causa is a genitive + causa construction expressing purpose: 'for the purpose of calumny'.