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Justinian I · The Digest of Justinian §2.14.12.pr

Agreements by Agents Prejudicing the Principal

Passage 378 of 9271 · Latin

Summary

This section explains that an agreement made by an authorized representative or a general administrator has a prejudicial effect on the principal, supported by the fact that they are even permitted to bring lawsuits.

[ULPIANUS libro quarto ad edictum. ] §2.14.12.prNam et nocere constat, siue ei mandaui ut pacisceretur, siue omnium rerum mearum procurator fuit: ut et Puteolanus libro primo adsessoriorum scribit: cum placuit eum etiam rem in iudicium deducere.
[ULPIANUS, On the Edict, book 4] For it is established that it also has a prejudicial effect, whether I authorized him to make an agreement, or he was the administrator of all my affairs; as Puteolanus also writes in the first book of his Assessoriorum, since it is accepted that he may even bring the matter to trial.

Notes

  1. §2.14.12.prnocere — An infinitive acting as the subject of the impersonal verb `constat` ("it is established"). Here, `nocere` is used intransitively, meaning that the agreement concluded by the representative "has a prejudicial effect" or "causes disadvantage" to the principal.
  2. §2.14.12.prcum placuit — The conjunction `cum` expresses cause ("since" or "inasmuch as"). The impersonal verb `placuit` ("it has been accepted/decided") takes the accusative and infinitive clause `eum etiam rem in iudicium deducere` ("that he may even bring the matter to trial") as its subject.

Cite this passage

Justinian I, The Digest of Justinian §2.14.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.12.pr

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