Humanitext Reader

Justinian I · The Digest of Justinian §11.1.5.pr

Defendant's Right to Request Time for Deliberation

Passage 1751 of 9271 · Latin

Summary

Gaius explains that a defendant interrogated in court about being an heir or having the subject of a noxal action in their power has the right to request time for deliberation to avoid the disadvantages of a mistaken confession.

[GAIUS libro tertio ad edictum prouinciale. ] §11.1.5.prQui interrogatur, an heres uel quota ex parte sit uel an in potestate habeat eum, cuius nomine noxali iudicio agitur, ad deliberandum tempus impetrare debet, quia, si perperam confessus fuerit, incommodo adficitur:
[GAIUS, from the third book on the Provincial Edict.] He who is interrogated as to whether he is an heir, or for what share, or whether he has in his power the person on whose account a noxal action is brought, ought to obtain time for deliberating; because, if he has falsely confessed, he is affected by a disadvantage:

Notes

  1. §11.1.5.prcuius nomine — The relative pronoun `cuius` refers back to `eum`, the person in power (such as a slave or child) who committed the delict causing the noxal action. `cuius nomine` (on whose account / under whose name) indicates that the suit is brought based on the act of that subject person.
  2. §11.1.5.prad deliberandum — A gerund in the accusative with the preposition `ad`, modifying the noun `tempus` to express purpose or use ("time for deliberating").

Cite this passage

Justinian I, The Digest of Justinian §11.1.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.1.5.pr

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