Humanitext Reader

Justinian I · The Digest of Justinian §22.1.47.pr

Default of a Party Ready to Submit to Trial

Passage 3207 of 9271 · Latin

Summary

Scaevola delivers an opinion that a party who is ready to submit to trial is not considered to be in default if the delay is on the part of the opponent.

[SCAEUOLA libro nono digestorum. ] §22.1.47.prRespondit paratum iudicium accipere, si ab aduersario cessatum est, moram facere non uideri.
[SCAEVOLA, in the ninth book of the Digests.] He replied that a person who is ready to submit to trial is not deemed to be in default if there has been neglect on the part of his opponent.

Notes

  1. §22.1.47.prRespondit paratum iudicium accipere, ... moram facere non uideri — In the indirect discourse introduced by "respondit", the main infinitive is "uideri", and the accusative adjective "paratum" functions as the subject (either modifying an omitted "eum" or acting as the subject accusative itself). The phrase "iudicium accipere" is a technical legal expression meaning "to submit to trial" or "to accept the formulation of the suit".
  2. §22.1.47.prcessatum est — A perfect passive impersonal construction of "cessare" (to delay, neglect), meaning "there has been neglect/delay". Combined with the prepositional phrase "ab aduersario" (by the opponent), it refers to a situation where there is a failure to act on the part of the adversary.

Cite this passage

Justinian I, The Digest of Justinian §22.1.47.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.1.47.pr

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