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The Digest of Justinian

§5.1.22.pr

Submission to Jurisdiction and Countersuits by Filing an Action

This text states the principle that even if a person is exempt from trial in a certain place, if they voluntarily initiate a lawsuit there, they are obliged to accept counter-actions and submit to the same judge.

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[PAULUS libro tertio ad Plautium.]

[PAULUS, in the third book on Plautius.]

§5.1.22.pr

​Qui non cogitur1 in aliquo loco iudicium pati, si ipse ibi agat,2 cogitur excipere actiones3 et ad eundem iudicem mitti.

​He who is not compelled to submit to trial in any place, if he himself brings an action there, is compelled to accept actions and to be sent before the same judge.

Syntax notes3 items
  1. 5.1.22.prQui non cogitur

    The demonstrative pronoun (such as is) serving as the antecedent is omitted, and the entire relative clause introduced by 'qui' functions as the subject of the main verb 'cogitur'.

  2. 5.1.22.pragat

    The third-person singular present active subjunctive of 'agere' (to bring an action). The subjunctive is used in the conditional clause 'si ... agat' to establish a hypothetical or general condition.

  3. 5.1.22.prexcipere actiones

    The infinitive of 'excipere' (to accept or undertake). Here, it denotes the obligation of the party who initiated the lawsuit to accept and defend against the counter-actions or pleas (actiones) brought by the other party.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.22.pr