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Justinian I · The Digest of Justinian §2.1.16.pr

Delegation of Jurisdiction by a Praetor and Delegate's Status

Passage 255 of 9271 · Latin

Summary

Ulpian explains that a praetor can delegate his jurisdiction either entirely or in part, and that the delegate acts in the capacity of the delegator, not in his own.

[IDEM libro tertio de omnibus tribunalibus. ] §2.1.16.prSolet praetor iurisdictionem mandare: et aut omnem mandat aut speciem unam: et is cui mandata iurisdictio est fungetur uice eius qui mandauit, non sua.
[THE SAME, on All Tribunals, Book III.] A praetor is accustomed to delegate his jurisdiction; and he delegates either the whole of it, or one particular department; and he to whom jurisdiction has been delegated shall act in the place of him who delegated it, not in his own.

Notes

  1. §2.1.16.prfungetur uice — The deponent verb fungor (to perform, discharge) governs the ablative case, hence the ablative singular uice (from uicis, turn, stead, place). The phrase uice eius means "in the place of him," and the subsequent non sua is an ellipse for non sua uice (not in his own place/capacity).
  2. §2.1.16.promnem ... speciem unam — omnem modifies the preceding iurisdictionem (jurisdiction), while speciem unam refers to "one specific class" or "one particular department" of jurisdiction. This contrasts a general delegation of all jurisdiction with a specific, limited delegation.

Cite this passage

Justinian I, The Digest of Justinian §2.1.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.1.16.pr

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