Humanitext Reader

Justinian I · The Digest of Justinian §2.1.17.pr

Delegation of Jurisdiction for Specific Persons or Cases

Passage 256 of 9271 · Latin

Summary

This fragment explains that a praetor can delegate his jurisdiction not only as a whole, but also regarding specific persons or matters, especially when a conflict of interest arises from advocacy undertaken before his magistracy.

[IDEM libro primo opinionum. ] §2.1.17.prPraetor sicut uniuersam iurisdictionem mandare alii potest, ita et in personas certas uel de una specie potest, maxime cum iustam causam susceptae ante magistratum aduocationis alterius partis habuerat.
[THE SAME, Opinions, Book I.] Just as a praetor can delegate his entire jurisdiction to another, so he can also do so with respect to specific persons or concerning a single department, especially when he had a just cause because of having undertaken the advocacy of one of the parties before entering upon his magistracy.

Notes

  1. §2.1.17.prsusceptae ante magistratum aduocationis — The genitive phrase susceptae ... aduocationis (advocacy having been undertaken) modifies iustam causam (a just cause). In this context, the fact that the praetor had acted as an advocate for one of the parties before taking office constitutes a "just cause" (due to conflict of interest) for delegating his jurisdiction.

Cite this passage

Justinian I, The Digest of Justinian §2.1.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.1.17.pr

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