- 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-lat1:5.1.14.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
This section states that when both parties in a partition or boundary action simultaneously demand a trial, the question of who is deemed the plaintiff is typically determined by drawing lots.
[ULPIANUS libro secundo disputationum.]
[ULPIANUS in the second book of Disputes.]
Sed cum ambo ad iudicium prouocant, sorte1 res2 discerni solet.
But when both parties initiate the proceedings, the matter is usually decided by lot.
- 5.1.14.prsorte
Ablative singular of sors (lot), expressing means. It indicates that casting lots (sortitio) was practically employed as a fair resolution when both parties stood on equal footing and initiated action simultaneously, making it impossible to decide based on priority.
- 5.1.14.prres
Nominative singular noun. In connection with the discussion in the preceding section (§5.1.13.pr) regarding "who is to be understood as the plaintiff (quis actor intellegatur)," it refers to the matter of determining which of the two is to be deemed the plaintiff.