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Justinian I · The Digest of Justinian §12.3.7.pr

Principle of the Oath Taken by the Principal of a Lawsuit

Passage 1946 of 9271 · Latin

Summary

Ulpian explains the principle that only the principal of the lawsuit, namely the one who joined issue in their own name, is entitled to take the oath in court.

[ULPIANUS libro octauo ad edictum. ] §12.3.7.prUolgo praesumitur alium in litem non debere iurare quam dominum litis: denique Papinianus ait alium non posse iurare quam eum, qui litem suo nomine contestatus est.
[ULPIANUS, Eighth Book on the Edict.] It is commonly presumed that no one other than the owner of the lawsuit ought to take the oath in court; indeed, Papinian says that no one can take the oath other than the person who has joined issue in his own name.

Notes

  1. §12.3.7.pralium ... quam dominum litis — An accusative with infinitive (AcI) construction introduced by the impersonal passive verb praesumitur ('it is presumed'). The phrase alium ... quam dominum litis ('anyone other than the owner of the lawsuit') acts as the subject accusative of debere iurare.
  2. §12.3.7.prlitem ... contestatus est — A technical verbal expression referring to 'joinder of issue' (litis contestatio), which was a crucial formal stage establishing the limits of the suit in Roman civil procedure.

Cite this passage

Justinian I, The Digest of Justinian §12.3.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.3.7.pr

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