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Justinian I · The Digest of Justinian §2.8.9.pr

Appeal against the Decision of an Arbiter on Sureties

Passage 311 of 9271 · Latin

Summary

This text explains that if the decision of an arbiter appointed to approve sureties is unfair, an appeal is allowed from him in the same manner as from regular judges.

[GAIUS libro quinto ad edictum prouinciale. ] §2.8.9.prArbitro ad fideiussores probandos constituto, si in alterutram partem iniquum arbiterium uideatur, perinde ab eo atque ab iudicibus appellare licet.
[GAIUS, in the fifth book on the Provincial Edict.] When an arbiter has been appointed to approve sureties, if his decision seems unfair to either party, it is permitted to appeal from him in the exact same manner as from judges.

Notes

  1. §2.8.9.prperinde ab eo atque ab iudicibus — The correlative expression 'perinde... atque...' denotes 'in the exact same manner as...'. Both 'ab eo' (from the arbiter) and 'ab iudicibus' (from the judges) depend on the infinitive 'appellare' (to appeal), which functions as the subject of the impersonal verb 'licet'. This indicates that an appeal from the decision of a specially appointed arbiter for approving sureties is treated with the same legal standing as an appeal from regular judges.

Cite this passage

Justinian I, The Digest of Justinian §2.8.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.8.9.pr

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