Justinian I · The Digest of Justinian §2.1.14.pr

Voluntary Submission to Jurisdiction by Rank and its Effect

Passage 253 of 9271 · Latin

Summary

This section states the legal rule that if someone of equal or superior rank voluntarily submits to another's jurisdiction, judgment can be pronounced both for and against them.

[IDEM libro trigensimo nono ad edictum. ] §2.1.14.prEst receptum eoque iure utimur, ut si quis maior uel aequalis subiciat se iurisdictioni alterius, possit ei et aduersus eum ius dici.

[THE SAME, on the Edict, book thirty-ninth.] It has been accepted, and we observe this rule of law, that if anyone of superior or equal rank submits himself to the jurisdiction of another, judgment can be pronounced both for him and against him.

Notes

§2.1.14.prEst receptum ... ut — The clause introduced by the conjunction "ut" is a noun clause acting as the subject of the impersonal passive "est receptum" (it is accepted), and also explains the specific content of "eo iure utimur" (we observe this rule of law).
§2.1.14.prei et aduersus eum — A contrast between the dative of interest "ei" (for him) and the prepositional phrase "aduersus eum" (against him). This indicates that the voluntary submission to another's jurisdiction is effective both when the submitting party is the plaintiff (beneficial trial) and when they are the defendant (adverse trial).

Cite this passage

Justinian I, The Digest of Justinian §2.1.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.1.14.pr

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