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Justinian I · The Digest of Justinian §12.2.1.pr

The Effect of Oaths as a Means of Resolving Lawsuits

Passage 1898 of 9271 · Latin

Summary

Gaius explains that the sanctity of an oath has come into use as the greatest remedy for resolving lawsuits quickly, settling disputes either by the agreement of the parties or by the authority of the judge.

[GAIUS libro quinto ad edictum prouinciale. ] §12.2.1.prMaximum remedium expediendarum litium in usum uenit iurisiurandi religio, qua uel ex pactione ipsorum litigatorum uel ex auctoritate iudicis deciduntur controuersiae.
[GAIUS, on the Provincial Edict, Book 5] The sanctity of an oath has come into use as the greatest remedy for expediting lawsuits, by which disputes are settled either by the agreement of the litigants themselves or by the authority of the judge.

Notes

  1. §12.2.1.prexpediendarum litium — A gerundive construction where the gerundive expediendarum (from expedio, feminine plural genitive) agrees with the noun litium (from lis, plural genitive). It functions as an objective genitive modifying remedium, meaning 'for expediting lawsuits'.
  2. §12.2.1.prin usum uenit — An idiomatic expression meaning 'to come into use' or 'to become established in practice'. The subject is iurisiurandi religio, with Maximum remedium standing in apposition to it.

Cite this passage

Justinian I, The Digest of Justinian §12.2.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.2.1.pr

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