- 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-lat1:5.1.49.pr-5.1.49.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
The section discusses whether a seller must submit to the buyer's judge to defend against eviction, and the continuity of the term of judges appointed by a former governor.
[IDEM libro tertio responsorum.]
[THE SAME, Responses, Book III.]
Uenditor ab emptore denuntiatus, ut eum euictionis nomine1 defenderet, dicit se priuilegium habere sui iudicis:2 quaeritur, an possit litem ab eo iudice, apud quem res inter petitorem et emptorem coepta est, ad suum iudicem reuocare. Paulus respondit uenditorem emptoris iudicem sequi solere.
A seller, having been notified by the buyer to defend him on the ground of eviction, states that he has the privilege of his own judge; the question is raised whether he can remove the lawsuit to his own judge from that judge before whom the case was begun between the plaintiff and the buyer. Paulus replied that the seller is accustomed to follow the judge of the buyer.
Iudices a praeside dati solent etiam in tempus successorum eius durare et cogi pronuntiare easque sententias seruari.3 in eundem sensum etiam Scaeuola respondit.
Judges appointed by a governor are accustomed to continue in office even into the term of his successors, and to be compelled to render judgment, and those judgments are maintained. Scaevola also replied to the same effect.
- 5.1.49.preuictionis nomine
A genitive construction with the ablative nomine ('on the ground of', 'under the name of'). It is a legal term referring to the loss of possession of a property by the buyer due to a third party's superior title (eviction).
- 5.1.49.prpriuilegium ... sui iudicis
Refers to the 'privilege of forum,' which is the right to be tried before a specific judge or court determined by one's status, office, or domicile.
- 5.1.49.1easque sententias seruari
An accusative-with-infinitive construction consisting of the accusative sententias and the passive infinitive seruari. Under the preceding main verb solent, the subject shifts from iudices (judges) to sententias (judgments), meaning 'and it is customary for those judgments to be maintained'.