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Justinian I · The Digest of Justinian §14.3.6.pr

Institorian Action against a General Agent

Passage 2205 of 9271 · Latin

Summary

Paulus states that if an agent is appointed for all affairs (a general agent), the institorian action should be granted against the agent himself.

[PAULUS libro trigensimo ad edictum. ] §14.3.6.prSed et in ipsum procuratorem, si omnium rerum procurator est, dari debebit institoria.
[PAULUS from the thirtieth book on the Edict.] But also, if he is an agent for all affairs, the institorian action ought to be granted against the agent himself.

Notes

  1. §14.3.6.prin ipsum procuratorem — The preposition in followed by the accusative indicates the defendant or target of the legal action. While the institorian action is typically brought against the principal (owner) who appointed the manager, here it means that the action is granted against the agent himself, in cases where a general agent (procurator omnium rerum) appointed the manager or acted in a similar capacity.
  2. §14.3.6.prprocurator... omnium rerum — Refers to a "general agent" who is entrusted with the administration of all the principal's property or general affairs, rather than a single specific transaction. It is precisely because the agent has such broad authority that the granting of the institorian action against him personally becomes an issue.

Cite this passage

Justinian I, The Digest of Justinian §14.3.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.3.6.pr

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