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Justinian I · The Digest of Justinian §2.15.11.pr

Compromise After Judgment When Its Existence Is Uncertain

Passage 440 of 9271 · Latin

Summary

Even after a judgment is rendered, if its existence is denied or uncertain, a compromise can still be made because a dispute may still exist.

[IDEM libro quarto ad edictum. ] §2.15.11.prPost rem iudicatam etiam si prouocatio non est interposita, tamen si negetur iudicatum esse uel ignorari potest an iudicatum sit: quia adhuc lis subesse possit, transactio fieri potest.
[THE SAME in the fourth book on the Edict.] After a judgment, even if no appeal has been interposed, nevertheless, if it is denied that a judgment was rendered, or if it can be unknown whether a judgment was rendered, a compromise can be made, because a lawsuit can still subsist.

Notes

  1. §2.15.11.prnegetur iudicatum esse — The perfect passive infinitive iudicatum esse (that a judgment was rendered) serves as the subject of the subjunctive present passive verb negetur (it is denied), forming an impersonal construction.
  2. §2.15.11.pran iudicatum sit — An indirect question clause containing the perfect passive subjunctive iudicatum sit, which depends on the passive infinitive ignorari (to be unknown).

Cite this passage

Justinian I, The Digest of Justinian §2.15.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.15.11.pr

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