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Justinian I · The Digest of Justinian §2.14.13.pr-2.14.13.1

Effects of Agreements by Litigation and In Rem Suam Agents

Passage 379 of 9271 · Latin

Summary

This section explains that an agreement by a litigation-only agent does not affect the principal, whereas an agreement by an agent in his own interest is binding as if made by the principal.

[PAULUS libro tertio ad edictum. ] §2.14.13.prSed si tantum ad actionem procurator factus sit, conuentio facta domino non nocet, quia nec solui ei possit.
[PAULUS, On the Edict, book 3] But if a person has been made a procurator only for the purpose of a lawsuit, an agreement made does not prejudice the principal, because payment cannot be made to him either.
§2.14.13.1Sed si in rem suam datus sit procurator, loco domini habetur: et ideo seruandum erit pactum conuentum.
But if a procurator has been appointed in his own interest, he is held to be in the place of the principal; and therefore the agreement made must be observed.

Notes

  1. §2.14.13.prsolui ei possit — The subjunctive present `possit` in the causal clause introduced by `quia` is used to express a logical or potential reason ('since it would not even be possible') rather than a mere objective fact. The particle `nec` ('neither / nor / not ... either') connects the inability to receive payment with the inability of the agreement to prejudice the principal.
  2. §2.14.13.1in rem suam — A prepositional phrase meaning 'in his own affair / interest'. In Roman law, a `procurator in rem suam` (an agent in his own interest) was utilized as a mechanism for assigning claims, allowing the appointed representative to bring an action in the principal's name but keep the proceeds for himself. Hence, unlike a mere litigation agent, he is regarded as being 'in the place of the principal' (`loco domini`).

Cite this passage

Justinian I, The Digest of Justinian §2.14.13.pr-2.14.13.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.13.pr-2.14.13.1

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