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Justinian I · The Digest of Justinian §2.1.18.pr

Revocation of Agreed Jurisdiction Prior to Application

Passage 257 of 9271 · Latin

Summary

This section states that if parties agree to grant jurisdiction to a different praetor but change their minds before any application is made to him, they are not bound by the agreement.

[AFRICANUS libro septimo quaestionum. ] §2.1.18.prSi conuenerit, ut alius praetor, quam cuius iurisdictio esset, ius diceret et priusquam adiretur mutata uoluntas fuerit, procul dubio nemo compelletur eiusmodi conuentioni stare.
[AFRICANUS, Questions, Book VII.] If it has been agreed that another praetor, other than the one who has jurisdiction, should administer justice, and before recourse is had to him the intention is changed, without a doubt no one will be compelled to abide by an agreement of this kind.

Notes

  1. §2.1.18.pralius praetor, quam cuius iurisdictio esset — After the comparative conjunction quam, a relative clause with an omitted antecedent follows: alius praetor, quam [eius/illius] cuius... The imperfect subjunctive esset is due to subjunctive attraction, as it is subordinate to the ut-clause (ut... ius diceret).
  2. §2.1.18.prpriusquam adiretur — The impersonal passive subjunctive (imperfect) of the verb adire. Literally, "before it was approached," referring to the stage before legal recourse or an application is actually made to the praetor.
  3. §2.1.18.preiusmodi conuentioni stare — The intransitive verb stare is used with the dative conuentioni to mean "to stand by" or "to abide by" an agreement.

Cite this passage

Justinian I, The Digest of Justinian §2.1.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.1.18.pr

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