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Justinian I · The Digest of Justinian §12.3.11.pr

Judicial Oath Taken out of Necessity and Inquiry into Perjury

Passage 1950 of 9271 · Latin

Summary

It states the legal principle that the perjury of a person who has taken an oath in court out of legal necessity is not easily subject to inquiry or prosecution.

[PAULUS libro tertio responsorum. ] §12.3.11.prDe periurio eius, qui ex necessitate iuris in litem iurauit, quaeri facile non solere.
[PAULUS, Third Book of Opinions.] It is not customary for an inquiry easily to be made concerning the perjury of one who, out of legal necessity, has taken an oath in court.

Notes

  1. §12.3.11.prquaeri facile non solere — The passive infinitive `quaeri` (to be inquired into, prosecuted), used impersonally, is governed by the infinitive `solere` (to be customary). In legal digests, such infinitive constructions (A.C.I.) often appear with the governing main verb (such as 'it is held' or 'he replied') omitted, directly presenting the legal rule.
  2. §12.3.11.prex necessitate iuris — 'Out of necessity of law'. This refers to a situation where the oath was not taken voluntarily by the party, but was mandated by legal requirements or the order of a judge.

Cite this passage

Justinian I, The Digest of Justinian §12.3.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.3.11.pr

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