← Justinian I

The Digest of Justinian

§5.1.3.pr

Concealment and Immunity from Obligation to Defend

Establishes the principle that a person who is not obliged to accept trial when present cannot be deemed to be hiding for the purpose of frustrating the action.

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§5.1.3.pr

[IDEM libro quarto ad edictum.] ​Non uidetur frustrandae actionis causa1 latitare, qui2 praesens3 suscipere iudicium non compellitur.

[THE SAME in the fourth book on the Edict.] He who is not compelled to undergo trial when present is not deemed to keep out of the way for the purpose of frustrating the action.

Syntax notes3 items
  1. 5.1.3.prfrustrandae actionis causa

    An expression of purpose using causa with the genitive. The gerundive frustrandae agrees with the noun actionis, meaning "for the purpose of frustrating the action" or "to defeat the action".

  2. 5.1.3.prNon uidetur ... qui

    The demonstrative pronoun (such as is) serving as the subject of uidetur in the main clause is omitted, and the entire relative clause qui... that follows qualifies this omitted subject. The clause led by the nominative qui forms the structure "he who... (is not deemed)".

  3. 5.1.3.prpraesens

    An adjective in the nominative singular masculine agreeing with the subject qui of the relative clause. It functions predicatively, meaning "while being present" or "in person".

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.3.pr