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Justinian I · The Digest of Justinian §14.3.2.pr

Conditions for Granting Actions to the Employer

Passage 2201 of 9271 · Latin

Summary

Gaius states that the person who appointed the manager should be granted an action based on the contract made by the manager, provided that he cannot otherwise preserve his own property.

[GAIUS libro nono ad edictum prouinciale. ] §14.3.2.preo nomine, quo institor contraxit, si modo aliter rem suam seruare non potest.
[GAIUS, from the ninth book on the Provincial Edict.]\n\non that account on which the manager contracted, provided that he cannot otherwise preserve his own property.

Notes

  1. §14.3.2.preo nomine — An ablative phrase modifying "an action ought to be given" (actionem dari debere) at the end of the preceding fragment (D. 14.3.1.pr). It restricts the granting of the action to the transaction (nomine) contracted by the manager.
  2. §14.3.2.prsi modo — Introducing a restrictive conditional clause ("provided that" or "only if"). It indicates that this remedy (action) should be granted only under the supplementary condition where the plaintiff (the principal who appointed the manager) cannot otherwise (aliter) preserve his property or interest (rem suam).

Cite this passage

Justinian I, The Digest of Justinian §14.3.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.3.2.pr

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