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Justinian I · The Digest of Justinian §2.14.5.pr

Classification of Public and Private Agreements

Passage 370 of 9271 · Latin

Summary

Ulpian classifies agreements into three types: those from a public cause and those from a private cause (the latter being either statutory or under the law of nations), defining public agreements as those made through peace by military commanders.

[ULPIANUS libro quarto ad edictum. ] §2.14.5.prConuentionum autem tres sunt species.
[ULPIANUS, On the Edict, book 4] Now, there are three classes of agreements.
aut enim ex publica causa fiunt aut ex priuata: priuata aut legitima aut iuris gentium.
For they are made either from a public cause or from a private cause; and a private one is either statutory or under the law of nations.
publica conuentio est, quae fit per pacem, quotiens inter se duces belli quaedam paciscuntur.
A public agreement is one which is made through a peace treaty, whenever military commanders agree on certain terms among themselves.

Notes

  1. §2.14.5.prtres sunt species — The specific breakdown of "there are three classes" refers to: (1) agreements arising from a public cause (ex publica causa), (2) private agreements based on statute (priuata legitima), and (3) private agreements under the law of nations (priuata iuris gentium).
  2. §2.14.5.prfiunt — The verb is in the third-person plural, and its understood subject is the plural nominative noun conuentiones, corresponding to the genitive conuentionum in the preceding sentence.

Cite this passage

Justinian I, The Digest of Justinian §2.14.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.5.pr

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