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The Digest of Justinian

§5.1.33.pr

Requesting Notice of Action and Consent to Jurisdiction

It states the legal principle that merely requesting the disclosure of the type of action before a certain judge does not constitute agreement to that judge's jurisdiction.

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[MODESTINUS libro tertio regularum.]

[MODESTINUS, Rules, Book III.]

§5.1.33.pr

​Non uidetur in iudicem consensisse, qui edi sibi genus apud eundem iudicem desiderat actionis.1

​A person who desires the class of action to be disclosed to him before the same judge is not deemed to have agreed to that judge.

Syntax notes1 item
  1. 5.1.33.prgenus ... actionis

    The accusative genus (the subject accusative of the passive infinitive edi) and its modifying genitive actionis are widely separated (hyperbaton) by the intervening phrase apud eundem iudicem desiderat. The entire accusative with infinitive clause edi sibi genus actionis serves as the object of the verb desiderat.

Translated by Gemini 3.5 Flash (published 2026-07-13)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.33.pr