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The Digest of Justinian

§5.1.63.pr

Requirements for Proper Defense in a Trial

Defines the requirements for a defendant to be considered properly defended in a lawsuit, which include accepting judgment with security and fulfilling the judgment.

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[IDEM libro quadragensimo nono ad edictum.]

[THE SAME, on the Edict, Book XLIX.]

§5.1.63.pr

​Recte defendi1 hoc est iudicium accipere uel per se uel per alium, sed cum satisdatione: nec ille uidetur defendi, qui quod iudicatum est2 non soluit.

​To be properly defended means to accept judgment either by oneself or through another, but with security; and he is not deemed to be defended who does not pay what has been adjudged.

Syntax notes2 items
  1. 5.1.63.prRecte defendi

    The passive present infinitive defendi is a Roman legal term meaning "to conduct a defense" (by the defendant). Here it functions as a complement with hoc est, introducing the requirements for a valid defense.

  2. 5.1.63.prquod iudicatum est

    A relative clause serving as the direct object of the main verb soluit. The relative pronoun quod implies its antecedent (such as id), meaning "what has been adjudged."

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.63.pr