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Justinian I · The Digest of Justinian §2.1.5.pr

Eligibility to Delegate Jurisdiction by Inherent Right

Passage 244 of 9271 · Latin

Summary

Julianus presents a rule derived from the custom of the ancestors, stating that only a person who holds jurisdiction in their own right, and not by the favor of another, can delegate it.

[IULIANUS libro primo digestorum. ] §2.1.5.prMore maiorum ita comparatum est, ut is demum iurisdictionem mandare possit, qui eam suo iure, non alieno beneficio habet:
[JULIANUS, Digest, Book I] By the custom of our ancestors it has been established that only he can delegate jurisdiction who holds it in his own right, and not by the favor of another:

Notes

  1. §2.1.5.prita comparatum est — The impersonal expression "comparatum est" means "it has been established/arranged in such a way," with the following "ut" clause functioning as a noun clause specifying the content of this established rule.
  2. §2.1.5.pris demum ... qui — The demonstrative pronoun "is" is paired with the restrictive adverb "demum" (only, then and not till then), and modified by the relative clause "qui ...", forming a restrictive condition meaning "only he who...".

Cite this passage

Justinian I, The Digest of Justinian §2.1.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.1.5.pr

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